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DIGEST 


OF 



COMPILED FROM AMERICAN AND ENGLISH DECISIONS 
OF PARLIAMENTARY WRITERS. 

INCLUDING THE 


CONSTITUTION OF THE UNITED STATES, 


WITH THE AMENDMENTS THERETO, AND THEIR IIISTORY. 
ALSO THE 


CONSTITUTION OF INDIANA. 


BY O. M. WILSON, 

Reading Clerk II. of R., Indiana General Session, 18G5. 
Principal Secretary Senate, Indiana Special Session, 1865i 
Principal Secretary Senate, Indiana General Session, 1867. 


A w*ty of Con gv> 

* V ■ 




1SG7 


''■'of Washing 


^ INDIANAPOLIS: 


DOUGLASS & CONNER, 

1867. 


PRINTERS 





Entered according to Act of Congress, in the year 1867, by 
O. M. WILSON, 

In the Clerk’s Office of the District Court of the United States for the 
District of Indiana. 




PREFACE 


A 


t 


To aid in advancing, and permanently fix in the minds of our 
American Legislators the science of Parliamentary Law, in order that 
more harmony may attend their proceedings, and greater dignity 
grace their sittings, I have compiled this Digest. 

I have not intruded an opinion of my own. My experience as an 
officer in the Indiana Legislature has not been-of sufficient length of 
time to give me the assurance to say what the law should be. But it 
has in a measure, in connection with the study of parliamentary 
authorities, enabled me to say what the law is; to expunge what may 
in this country be considered obsolete, and retain that, which, in the 
wisdom of our ablest parliamentarians in Congress, has been deemed 
applicable to the legislation of this country. In doing this I have, in 
some instances, trimmed the foliage that in the shape of reason, and 
explanation, surrounded the many decisions, condensing the form of 
expression to but few words. 

In some instances authorities are cited in order to doubly guarantee 
the “ruling,” and even these citations are now deemed unnecessary, 
since the whole work is based on the rulings, in part, of American 
parliamentarians, who, in turn, found their law in one common 
parentage, in Elsynge’s Memorials, Scobell, Grey, Hatsel, and their 
compeers, in the science of parliamentary law. 

0. M. WILSON 





IMPORTANCE OF ADHERING TO RULES. 


Mr. Onslow, the ablest among the Speakers of the House of Com¬ 
mons, used to say, “ It was a maxim he had often heard when he was 
a young man, from old and experienced members, that nothing tended 
more to throw power into the hands of Administration, and those who 
acted with the majority of the House of Commons, than a neglect of, 
or departure from, the rules of proceeding: that these forms, as insti¬ 
tuted by our ancestors, operated as a check and control on the actions 
of the majority, and that they were, in many instances a shelter and 
protection to the minority, against the attempts of power.” 



DIGEST OF PARLIAMENTARY LAW 


ADHERE, MOTION TO. 

1. The question respecting amendments from another 
house are: 1st, to agree; 2d, disagree; 3d, recede; 4th, 
insist; 5th, adhere: and take precedence in that order. 

2. In the ordinary parliamentary course, there are 
two free conferences, at least, before an adherence, and 
sometimes three or four. Although “ either House is free 
to pass over the term of insisting, and to adhere in the 
first instance; but it is not respectful to the other.” 

3. A conference may take place after a vote of 
adherence by one House. 

4. After each House shall have adhered to their dis¬ 
agreement, a bill or resolution shall be lost. 

5. A motion to insert, takes precedence of a motion 
to adhere. 


ADJOURN, MOTION TO. 

6. A motion to adjourn, and a motion to fix the day 
to which the House shall adjourn, shall be always in 
order, and these motions shall be decided without 
debate. It has been decided and acted upon that the 
motion “to fix the day to which the House shall adjourn” 
takes precedence of a motion “to adjourn;” the reason 




6 


DIGEST OF PARLIAMENTARY LAW. 


being that, before the House adjourns, it is proper to fix 
the time to which it shall adjourn; but when less than 
a quorum is present, no motion can be entertained, 
except to adjourn, or for a call of the House. [Conse¬ 
quently, at such a time, the motion to adjourn would 
take precedence.] 

7. “A motion for adjournment cannot be made while 
another is speaking.” [But, according to the practice, 
a member speaking may yield for a motion to adjourn, 
or that the committee rise, without losing his right to 
the floor when the subject is resumed.] 

8. Nor can a motion to adjourn be received after 
another question is actually put, and while the House is 
actually engaged in voting. 

9. A motion to adjourn, simply, cannot be amended, 
as by adding “ to a particular day,” but must be put 
simply “that this House do now adjourn;” and if car¬ 
ried in the affirmative, it is adjourned to the next sitting 
day, unless it has come to a previous resolution, “that at 
its rising it will adjourn to a particular day,” and then 
the House is adjourned to that day. 

10. This motion will not take precedence of the 
question pending, if it is made to a particular day, or 
for any specified time. 

11. A motion to adjourn is an independent motion, 
and if made pending any question is not susceptible of 
amendment as to time and place, because, if it could be 
so amended, its effect would be to do more than break 
up the present sitting. 

12. This motion may be taken by yeas and nays. 

13. This motion cannot succeed itself, but some legis¬ 
lation must intervene. If it is desirable to avoid a 
decision on any measure, or upon the original question, 
the practice is to move alternately that “ this House do 
now adjourn,” and that, “the debate be now adjourned.” 


DIGEST OF PARLIAMENTARY LAW. 


7 


The former, if carried, supersedes the pending question. 
The latter, defers the decision of the House. 

14. This thrust, and parry, by the majority, and 
minority, ends generally to the discomforture of all the 
friends, and the death of the measure. 

Mr. Cushing, in a few succinct sentences, describes 
the ordeal thus: “ Suppose a question to be opposed by 
a majority, and that the minority are anxious for an 
adjournment of the debate, but that on the failure of a 
question proposed by them to that effect, they vote for 
an adjournment of the House; the majority have only 
to vote with them and carry the adjournment when the 
obnoxious question is disposed of at once, and its sup¬ 
porters have themselves contributed to its defeat. (See 
Cushing, part 7, sections 1958, 1960,1961, as to amend¬ 
ing reports.) 

15. A motion to adjourn debate is not regular on the 
question that the order of the day be read, (Hans, 3, 
16, 463, 464, 465,) not until the subject is proceeded 
with. 

16. On resuming an adjourned debate, a motion may 
then be made for its withdrawal, or to suppress it by 
the previous question. 

17. A member may speak to these motions, though 
he may have spoken to the original question, for they 
are secondary questions. 


AMENDMENT. 

18. When a question is under debate, no motion shall 
be received but to adjourn, to lie on the table, for the 
previous question, to postpone to a day certain, to com¬ 
mit or amend , to postpone indefinitely; which several 



8 


DIGEST OF PARLIAMENTARY LAW 


motions shall have precedence in the order in which they 
are arranged. 

19. A motion to strike out the enacting words of a 
bill takes precedence of a motion to amend. 

20. A bill cannot be amended on the first reading. 

21. If the motion to amend is pending when a 
demand for the previous question is made, it is not cut 
off by the order of the previous question. 

22. An amendment may be moved to an amendment, 
but it is not admitted in another degree. But it is the 
well settled practice of the House of Representatives in 
Congress that there may be pending at the same time 
with such amendment to the amendment, an amend¬ 
ment in the nature of a substitute for part or the whole 
of the original text, and an amendment to that amend¬ 
ment. 

23. An amendment of the House to a Senate amend¬ 
ment is only in the first degree as to the Senate; the 
first amendment with which they passed the bill is a 
part of its text; it is the only text they have agreed to. 

24. “ When it is proposed to amend by inserting a 
paragraph , or part of one, the friends of the paragraph 
may make it as perfect as they can, by amendments, 
before the question is put for inserting it. If it be 
received, it cannot be amended afterwards, in the same 
stage, because the House has, on a vote, agreed to it in 
that form.” But an amendment which has been inserted 
may be added to. 

25. The following practice will better illustrate the 
effect of motion to strike out, to insert, and to strike out 
and insert: 

IfAihe-questionT^ to-be-divided, the motion first put 
is on striking out. 

If carried, it is next on inserting the words proposed. 


DIGEST O* PARLIAMENTARY LAW. 


9 


If that be lost, it may De moved to insert others. 2 
Hats, lxxx: 7. 

A motion-is made to amend by striking out certain 
words and inserting others in their place, which is 
negatived. 

Then it is moved to strike out the same words, and 
to insert others of a tenor entirely different from those 
first proposed. It is negatived. 

Then it is moved to strike out the same words and 
insert nothing, which is agreed to. 

All this is admissible, because to strike out and insert 
A, is one proposition. 

To strike out and insert B, is a different proposition. 

And to strike out and insert nothing, is still different. 

And the rejection of one proposition does not preclude 
the offering a different one. 

Nor would it change the case were the first motion 
divided by putting the question first on striking out, and 
that negatived ; for, as putting the whole motion to the 
question at once would not have precluded, the putting 
the half of it cannot do it. 

But if it had been carried affirmatively to strike out 
the words and to insert A, it could not afterwards be 
permitted to strike out A, and insert B. 

The mover of B should have notified, while the inser¬ 
tion of A was under debate, that he would move to 
insert B ; in which case those who preferred it would 
join in rejecting A. 

26. Although it is not in order to strike out by itself 
what has been inserted, it may be moved to strike out a 
portion of the original paragraph, comprehending what 
has been inserted, provided the coherence to be struck 
out be so substantial as to make this effectively a differ¬ 
ent proposition. 


10 


DIGEST OF PARLIAMENTARY LAW. 


27. The same holds true, if it is proposed to amend 
by striking out. But, (contrary to the parliamentary 
practice,) if on the question it be retained, neither 
amendment nor a motion to strike out and insert shall 
be precluded thereby, and a motion to strike out and 
insert is indivisible. 

28. After a proposition is amended it cannot be with¬ 
drawn. 

29. A motion to amend cannot be modified after the 
previous question is seconded. 

30. If a member yields the floor to another to offer an 
amendment, as he may do, the member yielding loses 
his right to reoccupy it. 

31. No motion or proposition on a subject different 
from that under consideration, shall be admitted under 
color of amendment. And no bill or resolution shall, at 
any time, be amended by annexing thereto, or incor¬ 
porating therewith, any other bill or resolution pending 
before the House. 

32. If an amendment be proposed inconsistent with 
one already agreed to, it is a fit ground for its rejection 
by the House, but not within the competence of the 
Speaker to suppress as if it were against order. 

33. On an amendment being moved, a member who 
has spoken to the main question may speak again to the 
amendment. 

34. A resolution of the House cannot be amended so 
as to be converted into a Joint Resolution. 

35. No amendment by way of rider shall be received 
to any bill on its third reading. 

36. An amendment reported from the Committee of 
the Whole as an entire amendment is not divisible. 

37. Nor is an amendment of the Senate divisible. 

38. After a bill has been reported from the Committee 
of the Whole with amendments, it is in order to submit 


DIGEST OF PARLIAMENTARY LAW. 


11 


an additional amendment, but the first question put is 
upon the amendments reported. If, in Committee of 
the Whole, an amendment is adopted, and subsequently, 
the paragraph as amended is struck out, the amendment 
striking out is the only one to be reported to the House. 
And if the latter is voted down in the House, the first 
amendment is not thereby revived. 

39. “ The House may at any time, on motion seconded 
by a majority of the members present, close all debate 
upon a pending amendment thereto, and cause the ques¬ 
tion to be put thereon; and this shall not preclude any 
further amendment of debate upon the bill.” 

40. A new bill may be engrafted by way of amend¬ 
ment, on the words, “ Be it enacted, etc.” (1 Grey, 
190, 192.) 

41. If it be proposed to amend by leaving out certain 
words, it may be moved, as an amendment to this 
amendment, to leave out a part of the words of the 
amendment, which is equivalent to leaving them in the 
bill. (2 Hatsel, 80: 9.) 

42. The question is “ shall the words stand part of 
the bill?” 

43. Motions to commit, amend and postpone, may be 
amended, the former by adding instructions, the second 
in various ways, the latter to one day instead of another. 
The previous question cannot be amended. 


AMENDMENTS BETWEEN THE TWO HOUSES. 

44. When either House, e. g\, the House of Repre¬ 
sentatives, send a bill to the other, the other may pass it 
with amendments. The regular progression in this case 
is: that the House disagree to the amendment; the 
Senate insist on it; the House insist on their disagree- 



12 


DIGEST OF PARLIAMENTARY LAW. 


ment; the Senate adhere to their amendment; the House 
adhere to their disagreement. 

45. After each House shall have adhered to their dis¬ 
agreement to the amendment, a bill or resolution shall 
be lost. 

46. “ Either House may recede from its amendment 

and agree to the bill; or recede from their disagreement 
to the amendment, and agree to-the same absolutely, or 
with an amendment. (Elsynge, 23, 27. 9 Grey, 476.) 

47. A motion to recede takes precedence of a motion 
to insist. 

48. But the House cannot recede from or insist on its 
own amendment with an amendment. 

49. “ They may modify an amendment from the other 

House by ingrafting an amendment on it,” because 
they have never assented to it. (9 Grey, 363. 10 

Grey, 240.) 

50. A motion to amend an amendment from the other 
House takes precedence of a motion to agree or dis¬ 
agree. A bill originating in one House is passed by the 
other with an amendment. The originating House 
agrees to their amendment with an amendment. The 
other may agree to their amendment with an amend¬ 
ment, that being only in the second and not the third 
degree; for, as to the amending House, the first amend¬ 
ment with which they passed the bill, is a part of its 
text; “it is the only text they have agreed to”—an 
amendment to an amendment. 

51. In the ordinary parliamentary course there are two 
free conferences, at least, before an adherence. 

52. Although either House is free to pass over the 
term of insisting and to adhere in the first instance; but 
it is not respectful to the other. 

53. A motion to insist, however, takes precedence of 
a motion to adhere. 


DIGEST OF PARLIAMENTARY LAW. 


13 


54. After one House has adhered, the other may recede 
—or ask a conference, which may be agreed to by the 
adhering House. 


APPEAL. 

55. “A question of order arising out of any other 
question must be decided before that question.” 

56. But “ all incidental questions of order arising after 
a motion is made for the previous question, and pending 
such motion, shall be decided, whether on appeal or 
otherwise, without debate.” 

57. And “ all questions relating to priority of business 
to be acted on shall be decided without debate.” 

58. An appeal may be laid on the table, and being 
laid on the table does not carry with it the whole subject 
[Of late years this motion is almost invariably made in 
case of an appeal, and, if carried, its effect is considered 
equivalent to a vote sustaining the decision of the 
Chair.] 

59. It is too late to renew a question of order on the 1 
admissibility of a proposition which has been overruled 
on the preceding day, when debate has been allowed to 
progress on such proposition. And it is also too late to 
raise a question of order on a motion entertained with¬ 
out objection on a former day, and entered on the 
Journal. 

60. A question of order just decided on appeal cannot 
be renewed, even upon the suggestion of additional 
reasons. 

61. Where an appeal has been decided, and by virtue 
of such decision a bill taken up and passed, it is too 
late to move a reconsideration of the vote on the 
appeal. 



14 


DIGEST OF PARLIAMENTARY LAW. 


62. Pending the election of Speaker, the Clerk shall 
decide all questions of order that may arise, subject to 
appeal to the House. 

63. An appeal is not in order while another appeal is 
pending. 

[The form of stating the question on an appeal is: 
“ Shall the decision of the Chair stand as the judgment 
of the House?”] 

64. If an adjournment takes place while appeal is 
pending, it goes over to the next day, with the business 
to which it belongs. 


BILLS. 

65. Title. No law shall embrace more than one sub¬ 
ject, which shall be expressed in its title. 

“ In a legal sense the title of an act is no part of the 
law.” 

“ In a parliamentary sense the title, though a formal, 
is nevertheless an essential and important part of a 
bill.” 

66. Enacting Words. “Where enacting words are 
prescribed, nothing can be a law which is not introduced 
by those very words, even though others, which are 
equivalent, are at the time used.” 

67. Whether, when not prescribed, a joint resolution, 
and bill, can have the force of law, depends upon each 
of the respective Constitutions under which an Assembly 
is convened. 

A motion to strike out enacting words, takes prece¬ 
dence of a motion to amend. 

68. Proviso. The province of a proviso is “ to restrain 
or qualify some general expression.” It is generally 
added by way of amendment. “ Hence has resulted a 



DIGEST OF PARLIAMENTARY LAW. 


15 


principle of law, relative to the interpretation of statutes, 
which makes an important difference between a saving 
clause, and a proviso, namely: that where a saving 
clause in a statute is directly repugnant to the purview, 
or body of the act, and cannot stand without rendering 
the act inconsistent and destructive of itself, the act 
must stand and the saving clause be rejected. (Plow- 
den, 564.) But, where a proviso is directly repugnant 
to the purview, the proviso should stand, and be held a 
repeal, of the purview, on the ground that the proviso 
speaks the last intention of the law giver. (Fitzgib- 
bon, 195.) 

69. First Pleading. The first reading is for informa¬ 
tion, and if there are no objections it passes to a second 
reading. It cannot be amended on its first reading. 
(The different stages, however, of a bill, are made the 
subject of constitutional provision.) 

70. If a bill is read a first time and a motion made 
that it be read a second time, which is negatived, the 
bill is as effectually rejected as it could be upon a direct 
motion for that purpose. 


BILLS ON SECOND READING. 

71. Upon the second reading of a “bill,” its merits 
are generally discussed. 

72. The test is often determined by the course the 
bill now takes, upon either of the three courses, com¬ 
mitment, amendment, or engrossment. The first may 
be to perfect it, the second to defeat it, the third to 
pass it. 

73. Sometimes engrossment is accompanied by an 
order for a third reading now. 



16 


DIGEST OF PARLIAMENTARY LAW. 


74. When the time is fixed, the third reading becomes 
an order of the day. In this case amendments must be 
inserted in the engrossments, before the order is 
taken up. 

75. The practice often resorted to of considering a 
bill, with amendments engrossed, that it may be put 
upon its passage now , is unsafe, and opens wide the 
door for mistake, and fraud. 

76. A motion for the withdrawal of a bill may be 
made after the execution of any order on which it may 
stand. 

77. If there are any pending motions for proceeding 
with the order, the withdrawal may be moved as an 
amendment. These motions may be discussed as other 
motions made in the progress of a bill. 

78. Clauses annexed to a bill after the third reading 
cannot be withdrawn, nor, as that is the last stage, can 
they be left out by way of amendment. 


BILLS, COMMITMENT. 

% 

.79. A majority of the committee constitutes a quorum 
for business. (Elsynge’s Method of Passing Bills, 11.) 

80. The committee have full power over the bill or 
other paper committed to them, except that they cannot 
change the title, or subject. (8 Grey, 228.) 

81. The natural order in considering and amending 
any paper is, to begin at the beginning, and proceed 
through it by paragraphs, and this order is so strictly 
adhered to in Parliament, that when a latter part has 
been amended, you cannot recur back and make any 
alteration in a former part. (2 Hats. 90.) 



DIGEST OF PARLIAMENTARY LAW. 


17 


82. To this natural order of beginning at the begin¬ 
ning, there is a single exception found in parliamentary 
usage. 

83. When a bill is taken up in committee, or on its 
second reading, they postpone the preamble till the other 
parts of the bill are gone through. 

84. The reason is, that on consideration of the body 
of the bill, such alterations may therein be made, as may 
also occasion the alteration of the preamble. (Scob. 50. 
7 Grey, 431.) 

85. When a vote is once passed in a committee, it 
cannot be altered but by the House, their votes being 
binding on themselves. 

86. The committee may not erase, interline, or blot 
the bill itself; but must, in a paper by itself, set down 
the amendments, stating the words which are to be 
inserted or omitted, (Scob. 50,) and where, by references 
to the page, line, and word of the bill. tScob. 50.) 


BILLS, RECOMMITMENT. 

87. After a bill has been committed and reported, it 
ought not, in an ordinary course, to be recommitted: 
but in cases of importance, and for special reasons, it is 
sometimes recommitted, and usually to the same com¬ 
mittee. (Hakew, 151.) 

88. If a report be recommitted, before agreed to in. 
the House, what has passed in committee is of no 
validity; the whole question is again before the com¬ 
mittee, and a new resolution must be again moved, as 
if nothing had passed. (3 Hats. 131.) 

89. A particular clause of a bill may be committed 
without the whole bill, (3 Hats. 131,) or so much of a 
paper to one, and so much to another committee. 

2 



18 


DIGEST OF PARLIAMENTARY LAW. 


BILLS ON THIRD READING. 

90. It is with great and almost invincible reluctance 
that amendments, which occasion erasures or interlinea¬ 
tions, are admitted at this reading. Sometimes a pro¬ 
viso has been cut off from a bill; sometimes erased. 
(9 Grey, 513.) 

91. This is the proper stage for filling up blanks; for 
if filled up before, and now altered by erasure, it would 
be peculiarly unsafe. 

92. At this reading the bill is debated afresh, and for 
the most part is more spoken to at this time than on any 
of the former readings. (Hakew, 153.) 

93. For examples of riders, (see 3 Hats. 121, 122, 
124, 126.) 

94. Every one is at liberty to bring in a rider without 
asking leave. (10 Grey, 52.) 

95. After a third reading it is too late to recommit it 
generally, but it may take this course to receive some 
particular clause or proviso. 

96. If it becomes necessary the House may order it 
re-engrossed, if burdened with amendments. 


CALL OF THE HOUSE. 

97. A call of the House shall not be in order after 
the previous question is seconded, unless it shall appear, 
upon an actual count by the Speaker, that no quorum 
is present.” 

98. A call of the House may be moved before the 
Journal is read, if no quorum is present. 

99. It is not in order for the House to take a recess 
during a call of the House. [Indeed, no motion, 



DIGEST OF PARLIAMENTARY LAW. 


19 


except to adjourn, or with reference to the call, is ever 
entertained during a call.] 

[By an adjournment pending a call all proceedings in 
the call are terminated; but when the House has pre¬ 
viously passed an order specially directing otherwise, 
such special direction should doubtless be executed.] 

100. If a motion for a “call” is defeated, a second 
motion is not in order, until some parliamentary action 
intervenes. These motions cannot be suppressed by 
motions while on the table—they must be decided by a 
direct vote, or an adjournment, which defeats the “call.” 

101. Orders under a “call” do not effect members 
who have “ paired off.” 

102. A motion for a call of the House may be made 
at any time by any member. 

103. On motion for the previous question, and prior to 
seconding the same, a call of the House is in order, but 
after a majority shall have seconded the motion no call 
shall be in order prior to the descision after the main 
question. 

104. On motion to recommit with instruction to 
postpone indefinitely—and indeed unless such a motion 
is restrained or regulated by some rule—it will take 
precedence of and suspend any other motion then 
pending, whether principal or subsidiary. If sustained 
it will supercede these motions respectively as well as 
the subjects upon which they are moved. 

105. The motion for a call of the House oeing merely 
incidental, can only be decided by a direct vote, and 
not by an order to lie on the table—and on this motion 
it is not in order to ask to be excused from votiing. 

106. Before a second call can be moved for some 
intervening business must take place. 


20 


DIGEST OF PARLIAMENTARY LAW. 


107. Proceedings under a call may be terminated at 
any time by a vote, or by an adjournment in which case 
members under arrest are-discharged. 


COMMIT, MOTION TO. 

108. When a question is under debate, no motion 
shall be received but to adjourn, to lie on the table, for 
the previous question, to postpone to a day certain, to 
commit or amend, to postpone indefinitely; which 
several motions shall have precedence in the order in 
which they are arranged; and no motion to commit, or 
to postpone indefinitely, being decided, shall be again 
allowed on the same day, and at the same stage of the 
bill or proposition.” 

109. “ When a resolution shall be offered, or a motion 
made to refer any subject, and different committees 
shall be proposed, the question shall be taken in the fol¬ 
lowing order: the Committee of the whole House on 
the state of the Union; the Committee of the whole 
House; a standing committee; a select committee.” 

110. A motion to commit may be amended by the 
addition of instructions. Also by striking out one 
committee and inserting another. 

111. A division of the question is not in order on a 
motion to commit with instructions, or on the different 
branches of instructions. 

112. After the previous question is ordered, if no mo¬ 
tion to postpone is pending, the House is brought first 
“to a direct vote on the motion to commit, if such mo¬ 
tion shall have been made.” 



DIGEST OF PARLIAMENTARY LAW. 


21 


113. “ Motions and reports may be committed at the 
pleasure-of the House.” 

114. A motion to commit, if decided in the negative, 
cannot be renewed. 


CO-EXISTING QUESTIONS. 

115. It may be asked whether the House can be in 
possession of two motions at the same time ? so that 
one of them being decided, the other goes to question 
without being moved anew? The answer must be 
special. 

116. When a question is interrupted by a vote of 
adjournment, it is thereby removed from before the 
House, and does not stand ipso facto before them at 
their next meeting, but must come forward in the usual 
way. 

117. So when it is interrupted by the order of the 
day. 

118. Such other privileged questions also, as dispose 
of the main question, (i. e., the previous question, post¬ 
ponement, or commitment,) remove it from before the 
House. 

119. But it is only suspended by a motion to amend, 
to withdraw, to read papers, or by a question of order 
or privilege, and stands again before the House when 
these are decided. 

120. None but the class of privileged questions can be 
brought forward while there is another question before 
the House, the rule being that when a motion has been 
made and seconded, no other can be received, except it 
be a privileged question. 



22 


DIGEST OF PARLIAMENTARY DAW. 


COMMITTEE. 

121. The person first named is generally permitted to 
act as chairman. But this is a matter of courtesy, 
every committee having a right to elect their own 
chairman who presides over them, puts questions, and re¬ 
ports their proceedings to the House. (4 Just., 11, 12. 
Scob. 9. 1 Grey, 122.) 

122. Their proceedings are not to be published as they 
are of no force till confirmed by the House. (Rushw., 
part 3, vol. 274. 3 Grey, 401. Scob. 39.) 

123. When a committee is charged with an inquiry, 
if a member prove to be involved, they cannot proceed 
against him, but must make a special report to the 
House; whereupon the member is heard in his place, or 
at the bar, or a special authority is given to the com¬ 
mittee to inquire concerning him. (9 Grey, 4,12.) 

124. Upon the second reading of a bill, the Speaker 
shall state it as ready for commitment. 

125. After the previous question is ordered, if no 
motion to postpone is pending, the House is first brought 
to a direct vote on the motion to commit , if such mo¬ 
tion shall have been made. 

126. A majority of the committee constitutes a quo¬ 
rum for business, but it is not necessary that the com¬ 
mittee shall be full when a paper is acted upon. Nor is 
it even necessary that every member shall have been 
notified of an adjourned meeting, if it shall appear that 
at such meeting a quorum was present, and that a ma¬ 
jority of such quorum authorized a report to be made. 

127. A committee cannot receive a petition but 
through the House. 


DIGEST OF PARLIAMENTARY LAW. 


23 


128. It is not competent for the House to instruct a 
committee to amend a bill in a manner that the House 
itself cannot amend it. 

129. A division of the question is not in order on a 
motion to commmit or recommit with instructions, or 
on the different branches of instructions. 

130. The committee may not erase, interline, or blot 
the bill itself, but must, in a paper by itself, set down 
the amendments, stating the words which are to be in¬ 
serted, or omitted, and where, by reference to the page, 
line, and word of the bill. 

131. When a vote is once passed in a committee it 
cannot be altered but by the House, their votes being 
binding on themselves. If the committee arc opposed 
to the whole paper, and think it cannot be made good 
by amendments, they cannot reject it, but must report it 
back to the House without amendments, and there make 
their opposition. 

132. The committee have full power over the bill or 
other paper, except that they cannot change the title or 
subject. 

133. A committee having leave to report at all times 
may report in part at different times. 

134. The right to report at any time carries with it 
the right to consider the matter when reported, and 
where authority is given to a committee to make a 
report at a particular time, the right follows to consider 
the report when made. 

135. It is not competent for a committee to report a 
bill, when the subject matter has not been referred to 
them by the House, or by the rules, or otherwise. 

136. A bill may be reported with a recommendation 
that it do not pass, if based upon a paper regularly 
referred. 


24 


DIGEST OF PARLIAMENTARY LAW. 


137. A minority of a committee cannot make a report, 
a minority not being the committee. [The common 
practice, however, is to permit the minority to submit 
their views in writing , which are usually printed, and 
considered with the majority report.] 

138. The chairman of a committee submitting a 
report has a right to read it. 

139. u A member reporting the measure under consid¬ 
eration from a committee, may open and close the 
debate,” and under the invariable practice, he is entitled 
to be recognized, notwithstanding another member may 
have risen first, and addressed the chair, and his right 
to close the debate is never denied him, even after the 
previous question is ordered, or debate has been closed. 

140. “ The proceedings of a committee are not to be 
published, as they are of no force till confirmed by the 
House.” 

141. It is not in order to allude, on the floor, to any 
thing that has taken place in committee, unless by a 
written report sanctioned by a majority of the com¬ 
mittee. 

142. “After commitment, and report thereof to 
the House, or at any time before its passage, a bill may 
be recommitted; and should such recommitment take 
place after its engrossment, and an amendment be re¬ 
ported and agreed to by the House, the question shall be 
again put on the engrossment of the bill.” But recom¬ 
mitment cannot be moved after the previous question is 
ordered. 

143. “ If a report be recommitted before agreed to in 
the House, what has passed in committee is of no va¬ 
lidity ; the whole question is again before the committee, 
and a new resolution must be again moved, as if noth¬ 
ing had passed.” 


DIGEST OF PARLIAMENTARY LAW. 


25 


144. “ Two motions to recommit are not in order at 
the same stage of a bill.” 

145. A chairman of a select committee, and a chair¬ 
man of nny standing committee, shall be empowered to 
administer oaths or affirmations to witnesses in any case 
under their examination. 

146. “If the report does not conclude with, or contain 
any resolution, or other proposition, resolutions of opin¬ 
ion may be moved upon it, or a motion for leave to 
bring in a bill may be predicated upon the facts stated 
in it, or it may be referred to another committee, or it is 
presumed may be amended .” 

147. “ If the report concludes with, or is accompanied 
by resolutions, or other propositions, which are proper, 
or necessary for the consideration, and adoption of the 
House, it may be agreed to, the resolution may be 
amended, recommitted, or postponed.” 

148. “ When any one of these motions is made, and 
pending, any of the others may be substituted for it by 
way of amendment.” 

149. “ On all the motions above mentioned which 
affect the whole report, as for example, that it lie on the 
table, or that the resolutions be read the second time, it 
is in order to enter into a debate of the whole subject 
embraced in the report.” (1 Pari. Reg. 18, 415, 416.) 

150. “ It is in order, at any time before resolutions are 
agreed to, to recommit the whole, or any one, or more 
of them. But if this motion is made whilst any other 
motion is pending, for instance that the report lie on the 
table, the motion to recommit must be considered, and 
put as an amendment to the motion pending. (Hans¬ 
ard 1, v: 163. Same 1, xvii: 171, 175.) 

151. Part of a report may be ordered to lie on the 
table, part of it recommitted, disagreed to, or agreed 
to. (See further Minority Reports.) 


26 


DIGEST OF PARLIAMENTARY LAW. 


COMMITTEE OP THE WHOLE. 

152. The speech, message, and other matters of great 
concernment, are usually referred to a committee of the 
whole House, (6 Grey, 311,) where general principles 
are digested in the form of resolutions, which are de¬ 
bated and amended, till they get into a shape which 
meets the approbation of a majority. These being re¬ 
ported and confirmed by the House are then referred to 
one or more select committees, according as the subject 
divides itself into one or more bills. (Seob., 36, 44.) 
The form of going from the House into committee, is 
for the Speaker, on motion, to put the question that 
the House do now resolve itself into a committee of the 
whole, to take under consideration, such a matter, or 
thing. If determined in the affirmative, he leaves the 
chair, and takes a seat elsewhere, as any other member; 
and the person appointed chairman seats himself at the 
clerk’s table. (Scob. 36.) Their quorum is the same as 
that of the House, and if a defect happens, the chair¬ 
man, on a motion, and question, rises, the Speaker 
resumes the chair, and the chairman can make no other 
report than to inform the House of the cause of their 
dissolution. 

153. If a message is announced during a committee, 
the Speaker takes the chair, and receives it, because the 
committee cannot. (2 Hats., 125, 126.) 

154. No previous question can be put in a committee, 
nor can this committee adjourn as others may, but if 
their business is unfinished, they rise on a question, the 
House is resumed, and the chairman reports that the 
committee of the whole have, according to order, had 
under their consideration such matter, and have made 


DIGEST OF PARLIAMENTARY LAW. 


27 


progress therein; but not having had time to go through 
the same, have directed him to ask leave to sit again. 

155. Whereupon a question is put upon their having 
leave, and on the time the House will again resolve itself 
into a committee. (Scob. 38.) 

156. But if they have gone through the matter 
referred to them, a member moves that the committee 
may rise, and the chairman reports their proceedings to 
the House; which being resolved,the chairman rises, 
the Speaker resumes the chair, the chairman informs 
him that the committee have gone through the business 
referred to them, and that he is ready to make report 
when the House shall think proper to receive it. 

157. No motion can be made in committee of the 
whole, to lie on the table, to postpone indefinitely, or to 
a day certain. 

158. This committee cannot entertain any matter of 
privilege—nor a motion to reconsider a vote. 

159. “ Every member may speak in this committee as 
many times as he thinks proper.” American rulings 
prescribe, in a way, this decision, Sect 167. 

160. This committee cannot adjourn its own sittings 
or its debates, but on formal motions in use for the pur¬ 
pose of disposing of its business, the committee can 
rise and terminate its sittings, by directing its chairman 
to report proceedings to the House. 

161. It is in order, pending a motion to go to business 
on the Speaker’s table, to move that the House resolv 
itself into Committee of the Whole House on the 
state of the Union. 

162. “ In forming a Committee of the Whole House, 
the Speaker shall leave his chair, and a chairman to 
preside in committee shall be appointed by the 
Speaker.” 


28 


DIGEST OF PARLIAMENTARY LAW. 


163. “ In case of any disturbance or disorderly con¬ 
duct in the galleries, or lobby, the Speaker, (or Chairman 
of the Committee of the Whole House) shall have 
power to order the same to be cleared.” And “ in case 
of great heat, and confusion arising in committee, the 
Speaker may take the Chair, and bring the House to order.” 

164. The chairman of the Committee of the Whole 
has power to administer oaths or affirmations to wit¬ 
nesses, in any case under its examination. 

165. “ The quorum of a Committee of the Whole is 
the same as that of the House.” 

166. If a message is announced during a committee, 
the Speaker takes the Chair and receives it, because the 
committee cannot. 

167. “ The rules of proceedings in the House shall be 
observed in a Committee of the Whole House, so far as 
they may he applicable , except the rule limiting the time 
of speaking; but no member shall speak twice to any 
question, until every member choosing to speak shall 
have spoken.” 

168. No previous question can be put in committee, 
nor can this committee adjourn as others may, nor can 
the yeas and nays be taken, nor can a motion to lie on 
the table be entertained, nor motions to reconsider. 

169. Debate having been closed at a particular hour 
by order of the House, it is not competent for the com¬ 
mittee, even by unanimous consent, to extend the time. 

170. It is in order for the committee to lay aside a bill 
after having gone through with it, and, before rising, to 
proceed to other business on the calendar, notwithstand¬ 
ing the House may have adopted a resolution closing 
debate thereon. 

171. “All amendments made to an original motion in 
committee shall be incorporated with the motion and so 
reported.” [Bills,and resolutions are sometimes originally 


DIGEST OF PARLIAMENTARY LAW. 


29 


moved in Committee of the Whole, having for their 
basis messages or reports previously referred and then 
up for consideration.] 

172. “ All amendments made to a report committed 
to a Committee of the Whole House shall be noted and 
reported as in the case of bills.’’ 

173. If the committee shall amend a clause, and, sub¬ 
sequently strike out the clause as amended, the first 
amendment thereby falls, and cannot be reported to the 
House and voted on. [So, too, if the committee shall 
amend a bill ever so much, and subsequently adopt a 
substitute thereof, the bill is to be reported to the 
House with but a single amendment, viz: the substitute; 
and the House has only to choose between the original 
bill and the substitute.] . 

174. In committee of the whole a motion to rise, like 
the motion to adjourn in the House, may be made at 
any time; and when at the rising a member is entitled 
to the floor, he is entitled to occupy it in preference to any 
other member at the next sitting of the committee. 
And a member occupying the floor may yield it to 
another member to move that the committee rise, with¬ 
out losing his right to reoccupy it at the next sitting. 

175. The motion to rise may be withdrawn at any 
time before the vote thereon is amended. 

176. The yeas and nays cannot be taken on a ques¬ 
tion in Committee of the Whole 

177. When a bill is being considered by clauses or 
sections, and the committee has passed from the consid¬ 
eration of a particular clause or section, it is not in 
order to recur thereto. 

178. When an amendment is reported from the Com¬ 
mittee of the Whole as an entire and distinct proposi¬ 
tion, it cannot be divided, but must be voted upon as a 
whole. 


30 


DIGEST OF PARLIAMENTARY LAW. 


179. “The Committee of the Whole House on the 
state of the Union having, according to order, had the 
state of the Union generally under consideration, and 
particularly, (here insert title of bill or other matter,) 
have directed me to report the same with, (or without, 
as the case may be,) amendments.” 

180. Where the committee have failed to get through 
with the matter before them, instead of saying “have 
directed me to report,” etc., say, “ have come to no reso¬ 
lution thereon.” 

181. When the committee have risen for want of a 
quorum, instead of saying “ have directed me to report,” 
etc., say, “having found itself without a quorum, I 
caused the roll to be called, and herewith report the 
names of the absentees to the House.” 


CONFERENCES. 

182. Conferences are had between members of both 
branches to offer reasons for disagreeing to, or insisting 
on amendments, made by one House to bills, resolutions, 
or addresses, passed or agreed upon in the other. 

183. Alternate conferences may be had, if the two 
Houses think proper, until they either agree, or come to 
a final and peremptory disagreement. 

184. The House first making the request must report 
to the other the result of conference. The House of 
whom request was made, may proceed or not, after 
report, as it may think proper. 

185. It may agree or disagree; if the latter, the House 
then first requesting may proceed or not. It may: 
First. Yield the point in dispute. Second. Re-affirm 
its position in such a manner as to be at liberty to yield 
the point, and—Third. Re-affirm its position in such a 



DIGEST OF PARLIAMENTARY LAW. 


31 


Way as not to be able to retract. In the first it agrees. 
Second, insists. Third, adheres. (Cashing’s Par. Law, 
part 5, chap. 1.) (See Motions to Adhere.) 

186. “ It is on the occasion of amendments between 
the Houses that conferences are usually asked; but they 
may be asked in all cases of difference of opinion be¬ 
tween the two Houses on matters depending between 
them.” 

187. A conference sometimes takes place after one 
House has adhered. 

188. ‘“In the ordinary parliamentary course there are 
two free conferences at least before an adherence.” 

189. There are sometimes three and even four con¬ 
ferences before a matter of differences is disposed of. 

190. In the case of disagreeing votes between the 
two Houses, the House may either recede, insist , and 
ask a' conference , or adhere , and motions for such pur¬ 
poses take precedence in that order. 

[Even though the previous question may be pending 
on a motion to insist or to adhere , a motion to recede , 
which removes the disagreement between the Houses, 
and passes the bill, may be made, but of course is not 
debateable.] 

191. The report of a committee of conference is, 
under the practice of the House, so highly privileged 
that it has been held to be in order even pending a mo¬ 
tion for a call of the House. 

[Indeed under the practice, reports of conference com¬ 
mittees are received at any time, except when the rules 
are suspended, during the pendency of a motion to ad¬ 
journ, or to adjourn over, and, like the motion to go to 
the Speaker’s table, may interrupt a member who is on 
the floor speaking.] 


32 


DIGEST OF PARLIAMENTARY LAW. 


[ A committee of conference may be instructed like 
any other committee, but the instructions can only be 
moved when the papers are before the House.] 

192. The report may be laid on the table. 

193. The committee may report agreement as to 
some of the matters of difference, but unable to agree 
as to others. 

194. The request of a conference must always be by 
the House, which is possessed of the papers. 

195. “ In all cases of conference asked after a vote of 
disagreement, etc., the conferees of the House asking it 
are to leave the papers with the conferees of the other.” 


DEBATE. 

196. By parliamentary courtesy, the member upon 
whose motion a subject is brought before the House, is 
first entitled to the floor. 

197. A member who has once spoken may be recog¬ 
nized to move the previous question. 

198. The right of the “member reporting the meas¬ 
ure” to open and close debate is not affected by an 
order either for the previous question, or that debate 
shall cease in committee. 

199. While a member is occupying the floor, he may 
yield it to another for explanation of the pending 
measure, as well as for personal explanation. [So, too, 
he may yield it for a motion to adjourn, or that the 
committee rise, without loosing his right to reoccupy it 
for the remainder of his time whenever the pending 
question shall be resumed; but it is otherwise when he 
yields to enable another to offer or withdraw an amend¬ 
ment.] 



DIGEST OF PARLIAMENTARY LAW. 


33 


200. On a previous question there shall be no debate. 
All incidental questions of order arising after a motion 
is made for the previous question, and pending such 
motion, shall be decided, whether on appeal or other¬ 
wise, without debate.” 

201. And after the main question is ordered, its effect 
shall be ‘*to put an end to all debate.” And “ the House 
may also, at any time, on motion seconded by a majority 
of the members present, close all debate upon a pending 
amendment, or an amendment thereto, and cause the 
question to be put thereon; and this shall not preclude 
any further amendment or debate upon the bill.” 

202. Pending the demand for the previous question 
on the passage of the bill, it is not in order to debate a 
motion to reconsider the vote on its third reading; but 
the vote must be taken without debate. Nor pending 
such demand is it in order even to ask a question of the 
mover of the proposition. 

[It has been invariably held, too, that a motion to 
suspend the rules is not debateable; nor motions to 
reconsider votes on questions which were not themselves 
debateable, except when the original question was not 
debateable by reason # of the order for the previous ques¬ 
tion.] 

203. When a question has been ordered to be taken 
by yeas and nays, and has been put by the Speaker, and 
upon the roll call a vote has been given by a member, 
further debate is precluded. Such continues to be the 
practice; but if a member rises before a response is 
given , and is recognized by the Chair, he may proceed 
to debate the question. 

204. Every member may speak to a motion for 
adjournment of debate, though he may have already 
spoken to the original question. 

3 


34 


DIGEST OF PARLIAMENTARY LAW. 


205. The rule limiting a member to speaking but 
once on the same question is subject to certain excep¬ 
tions, as: First. To explain. Second. To state a fact. 
Third. When the House is in Committee of the Whole. 
Fourth. To reply at end of debate, when he may be the 
mover of the proposition, or chairman of a committee. 
Fifth. When the rule is dispensed with. 

206. Under the first, the member must not state “ ivliat 
he to as going 1 to say hut did not” or give the motives 
influencing him. 

207. Whatever a member says in explanation, is to 
be taken as true, and not afterwards called in question. 

208. A second exception may be deemed that which 
will, if sustained by official documents, or facts from an 
official source, controvert a previous question. 

209. The third class is explained under the head of 
“ Committee.” 

210. The fourth class of exceptions is confined strictly 
to the originator, not the mover of any “ order” or 
measure once before the House. 

211. An indulgence is often given under these rules, 
by common consent, in favor of some particular 
.member. 

DIVISION OF QUESTION. 

212. A question to be divisible must comprehend 
points so distinct, and entire, that one of them being 
taken away the other may stand. But a proviso, or 
exception, without an enacting clause, does not contain 
an entire point or proposition. 

213. Any member may call for the division of a 
question, before or after the main question is ordered, 
which shall be divided if it comprehend propositions in 



DIGEST OF PARLIAMENTARY LAW. 35 

substance so distinct that one being taken away, a sub¬ 
stantive proposition shall remain for the decision of the 
House. A motion to strike out and insert shall be 
deemed indivisible.” But it has been decided on ap¬ 
peals that on motion to commit with instructions, or on 
the different branches of instructions—on a Senate 
amendment—on an amendment reported as a single 
amendment from a Committee of the Whole—a divis¬ 
ion of the question cannot be had. 

214. A motion to commit with instructions, the ques¬ 
tion put, first, on the commitment, and second on the in¬ 
structions, is not divisible—the instructions not consti¬ 
tuting a distinct point, in case the commitment fails. 

215. Any member may call for a division, but the 
demand must be made before any new motion is made 
or other parliamentary proceeding commenced. (Scob. 
24; 2 Hats, 140.) 

216. When a question is divided, after the question 
on the first member, the second is open to debate and 
amendment; because it is a known rule that a person 
may rise and speak at any time before the question has 
been completely decided, by putting the negative as 
well as affirmative side. 

217. But the question is not completely put when the 
vote has been taken on the first member only. 

218. One-half of the question, both affirmative and 
negative, remains still to be put. (See Execut. Jour., 
June 25, 1795, the same decision by Pres. Adams.) 


ENACTING WORDS, MOTION TO STRIKE OUT. 

219. “A motion to strike out the enacting words of a 
bill shall have precedence of a motion to amend; and, 



36 


DIGEST OF PARLIAMENTARY LAW. 


if carried, shall be considered equivalent to its rejection.” 
(See title “ Bills.”) 

220. The question which arises (under the recent 
practice) upon a report from the Committee of the Whole 
that the enacting words be stricken out is, u Shall the 
enacting words be stricken out?” and the previous 
question is exhausted upon the taking of such vote. 


EQUIVALENT QUESTIONS. 

221. If, on a question for rejection, a bill be retained, 
it passes of course, to its next reading. (Hakew, 141. 
Scob. 42.) 

222. And a question for a second reading determined 
negatively, is a refection" without further question. 
(4 Grey, 149.) 

223. Where questions are perfectly equivalent, so 
that the negative of the one, amounts to the affirmative 
of the other, and leaves no other alternative, the decision 
of the one concludes necessarily the other. (4 Grey, 157.) 

224. Thus the negative of striking out, amounts 
to the affirmative of agreeing; and therefore to put a 
question on agreeing, after that on striking out, would 
be to put the same question in effect twice over. 

225. Not so in questions of amendments between the 
two Houses. 

226. A motion to recede being negatived, does not 
amount to a positive vote to insist, because there is 
another alternative, to-wit, to adhere. 

227. The questions respecting amendments from 
another House are: 1st, to agree; 2d, disagree; 3d, re¬ 
cede ; 4th, insist; 5th, adhere. 



DIGEST OF PARLIAMENTARY LAW, 


37 


228. 1st. To agree. 


229. 2d. 


To disagree. 


Either of these concludes 
the other necessarily, for the 


positive of either, is exactly the equivalent of the nega¬ 
tive of the other, and no other alternative remains. 

230. On either motion, amendments to the amend¬ 
ment may be proposed, e. g., if it be moved to disagree, 
those who are for the amendments, and to make it as 
perfect as they can, before the question of disagreeing 
is put. 

^ You may then either insist or 
adhere. 

You may then either recede 
or adhere. 

You may then either Tecede 
or insist. 

s 

Consequently the negative of these is not equivalent 


231. 3d. To recede. 


232. 4th. To insist. 


233. 5th To adhere. 


to a positive vote, the other way. 

234. It does not raise so necessary an implication as 
may authorize the Secretary by inference to enter an¬ 
other vote; for two alternatives still remain, either of 
which may be adopted by either House. 


( / thi c/m a all* 


JOINT RESOLUTION. 

235. The line between a Joint Resolution and Bill 
need not be accurately discriminated. It is really only 
another name for a Bill. The form of “Joint Resolu¬ 
tion” is generally adopted, when administrative, local, 
or temporary laws are to be passed. (Jour, of H., 20th 
Cong., 1st Session, 816. Jour, of II., 32d Cong., 1st 
Session, 679.) 




38 


DIGEST OP PARLIAMENTARY LAW. 


LIE ON THE TABLE MOTION TO. 

236. Under the parliamentary law, this motion is only 
made “when the House has something else which 
claims its present attention, but would be willing to re¬ 
serve in their power to take up a proposition whenever 
it shall suit them. 7 ’ 

237. “ The motion to lie on the tabe shall be decided 
without debate.” It cannot be amended. 

238. “ In general, whatever adheres to the subject of 
this motion goes on the table with it; as, for example, 
when a motion to amend is ordered to lie on the table, 
the subject which it is proposed to amend goes there 
with it.” (Cushing, p. 565.) 

239. But it is not so with the Journal, when it is 
voted to lay upon the table a proposed amendment 
thereto—nor with the subject out of which a question 
of order may arise, where the appeal is laid on the table, 
the decision of the chair being hereby virtually sus¬ 
tained; nor with the bill or other proposition, where the 
motion to reconsider a vote thereon is laid on the table. 

240. An order for the main question to be put does 
not preclude the motion to lie on the table, but it may 
be made at any stage of the proceedings between the 
demand for the previous question and the final action 
by the House under it. 

241. When a motion has already been made and 
negatived to lay a bill on the table, and no change or 
alteration has been made in the bill, or no proceeding- 
directly touching its merits has since taken place, the 
motion to lie on the table cannot be repeated. Some 
action must intervene. 

242. When a bill is laid on the table pending the mo¬ 
tions to refer and print, the motion to print, as well as 
all other motions connected with it, accompanies it. 


DIGEST OF PARLIAMENTARY LAW. 39 

243. A negative vote on a motion to lie on the table 
may be reconsidered. 

244. If a motion to reconsider be laid on the table, 
the latter vote cannot be reconsidered. 

245. The motion to lie on the table is in order pend¬ 
ing the consideration of Senate amendments to a bill. 

246. Whatever adheres to the subject of this motion 
goes to the table with it—as for example, where a mo¬ 
tion to amend is ordered to lie on the table, the subject 
which is proposed to amend, goes there with it. 

247. This rule does not apply to propositions which 
are independent of the motion laid on the table—though 
connected with it—as to amend the Journal, to receive 
a petition, to reconsider a vote by which a bill has 
passed through one of its stages, or an appeal from a 
decision on a question of order. 

248. Whatever is under the present consideration of 
the assembly, or may be so whenever it is proceeded 
with, is on the Speaker’s table. 

249. Secondary motions cannot be applied to each 
other. 

250. It has accordingly been held in Congress, that 
a motion to lie on the table, or to reconsider an order to 
lie on the table, cannot be suppressed by a motion 
to lie on the table; that a motion to commit 
cannot be suppressed by a motion to postpone 
indefinitely, that a motion for the previous ques¬ 
tion, or a motion to postpone to a day certain, or 
indefinitely, cannot be ordered to lie on the table; that 
a motion for the previous question cannot be applied to 
a motion to postpone indefinitely; that a motion to lie 
on the table cannot be postponed, or amended. 

251. An appeal may be ordered to lie on the table, 
and if this motion prevails, nothing but the appeal goes 


40 


DIGEST OF PARLIAMENTARY LAW. 


on the table; the matter which gave rise to it proceeds 
as before. 

252. It has been held in Congress, that neither the 
bill itself, nor the question of its rejection can be or¬ 
dered to lie on the table. (Reg. of Deb. vii, 574; same 
xi, part 1,1168,1169.) 


MESSAGES. 

253. Courtesy generally precedes the message from 
one assembly to another, and introduces it over any 
action that may then be pending. 

254. A message cannot be received, nor answer made 
unless a quorum is present. It may be recalled for cor¬ 
rection of error. 

255. A message requesting a conference should clearly 
describe the subject matter upon which it is desired. If 
this is not done the House may decline the request, on 
the ground of indefiniteness or omission. 

256. The subject matter of a message may be only 
so far described as to show some parliamentary ground 
for the proceeding. 

257. It is a rule of Congress, that messages be received 
in any state of business, except 

First. While a question is putting. 

Second. While the yeas and nays are calling. 

Third. While the ballots are calling. 

258. The first case is short; the second and third are 
cases where any interruption might occasion errors diffi¬ 
cult to be corrected. 

259. Another salutary exception may here be made, 
all of which, it would be well to exact in all parliament¬ 
ary assemblies: 

Fourth. Pending the demand for the previous ques¬ 
tion, and until the main question is disposed of. 



DIGEST OF PARLIAMENTARY LAW. 


41 


260. A message presented, when the House is in 
Committee of the Whole, may be received by the 
Speaker, who takes the Chair, to receive it, then quits it 
to return into a committee without any question or 
interruption. 


MINORITY REPORTS. 

261. Minority reports are received by the courtesy of 
the House, and usually receive the same destination 
with the report, that is, they are printed, postponed, and 
considered in the same manner. Their effect is to serve 
as the basis for amendments , to be moved on the resolu¬ 
tions, or other conclusions of the report. May they not 
then take their place as “ motions relating to and con¬ 
nected with the question pending ,” for the reason they 
“ rise out of, or occur, in consequence of the pendency 
of some other question, which, to them, stands in rela¬ 
tion of a principal question?” They consequently 
supersede the principal question, until they are disposed 
of. Again, will not a strict parliamentary ruling give a 
minority report the character of a privileged question ? 
Can a minority be denied any privilege, germain to the 
issue before the House? Parliamentary law writers 
have failed to .discover any custom, or law ignoring the 
rights of a minority of a committee, but they have 
rather seemed to acquiesce in the ruling of American 
assemblies, where circumstances, to a great extent, 
moulded the judgment, for or against the privilege of 
the minority. Some deny the right of a minority to 
make a report. To do this denies the member of a 
privilege co-equal with any other member, the right to 
' express an opinion on any question before the House. 



42 


DIGEST OF PARLIAMENTARY LAW. 


This report is but a written motion to amend by insert¬ 
ing the minority, for the report of the committee, a sub¬ 
stitution of one, for the other, which as an amendment, 
or substitute, must first receive the action of the House 
before the question can recur on the original proposition. 
Nor can the previous question be moved to suppress this 
motion, as an amendment . 


MOTION. 

262. Where the House has ordered that a bill shall 
be read a second or third time on a given day, a motion 
on that day that the bill be now read accordingly, need 
not be seconded. 

263. Where a motion is made to carry out standing 
orders, no second is required. (Hatsell, ii, 120, note. 

264. A motion in possession of the House cannot be 
withdrawn by the mover unless by unanimous consent. 

265. No compact with another member to renew the 
motion can be recognized or enforced by the presiding 
officer. (See Martin’s con.) 

266. A motion repugnant to any standing order of 
the House cannot be made. 

267. Thus, a motion to take action now, on a meas¬ 
ure, made a special order for to-morrow, would be 
irregular and contravening the order of the House, but 
a motion fo discharge, or receive said order, could be 
received. 

268. A motion cannot be withdrawn after the pre¬ 
vious question is seconded. 

269. A motion to suspend the rules is not debatable, 
nor can it be laid on the table, nor postponed indefi- 



DIGEST OF PARLIAMENTARY LAW. 


43 


nitely, but the previous question may be put upon it, 
and may be taken by yeas and nays. 

270. A motion for adjournment or for the order of the 
day cannot be made by one member while another is 
speaking. 

271. It is a breach of order in another to interrupt 
him, unless by calling him to order if he departs 
from it. 

272. And a question of order determined, he is still to 
be heard through. 

273. A call for adjournment, order of the day, or for 
the question, by members from their seats, is not a 
motion. 

274. Such calls are themselves breaches of order. 

275. A motion may be withdrawn at any time before 
a decision, or amendment; but not after the previous 
question is recorded. It may be withdrawn also, while 
the House is dividing on a demand for the previous 
question. 

276. Before a motion can be spoken to, it must be 
seconded, and announced from the chair—unless it be 
one which does not require seconding. 


ORDER. 

277. Each House may determine the rules of its pro¬ 
ceedings; punish its members for disorderly behavior; 
and, with the concurrence of two-thuds, expel a mem¬ 
ber. (Const. 1, 5.) 

273. In parliament “instances make order” per 
Speaker Onslow. (Hats. 141.) 



44 


DIGEST OF PARLIAMENTARY LAW. 


279. No man may speak more than once on the same 
bill on the same day; or even on any other day, if the 
debate be adjourned, (unless unanimous consent be 
given, is practiced.) 

280. But if it be read more than once on the same 
day, he may speak once at every reading. (Co. 12,115; 
Hakew, 148; Scob. 58; 2 Hats. 75.) 

28H Even a dhange of opinion does not give a right 
to be heard a second time. (Smyth’s Comw. L, 2, c, 3; 
Arcan. Pari. 17.) 

282. But he may be permitted to speak again to clear 
a matter of fact, (3 Grey, 357, 416,) or merely to ex¬ 
plain himself, (2 Hats. 73,) in some material part of his 
speech, (ib. 75,) or to the manner or words of the ques¬ 
tion, keeping himself to that only, and not traveling 
into the merits of it, (Memorials in Hakew, 29,) or to 
the orders of the House, if they be transgressed, keep¬ 
ing within that line, and not falling into the matter 
itself. (Mem., Hakew. 30,31.) 

283. But while a proposition under consideration is 
still in fieri , though it has even been reported by a com¬ 
mittee, reflections on it are no reflections on the House. 
(9 Grey, 508.) 

284. Disorderly words are not to be noticed till the 

member has finished his speech. (5 Grey, 356. 6 

Grey, 60.) 

285. Then the person objecting to them, and desiring 
them to be taken down by the clerk at the table, must 
repeat them. 

286. Then the member may justify them, or explain 
the sense in which he used them, or apologize. 

287. If the House is satisfied, no further proceeding 
is necessary. 

288. But if two members still insist to take the sense 
of the House, the member must withdraw before that 


DIGEST OF PARLIAMENTARY LAW. 45 

question is stated, and then the sense of the House is 
to be taken. (2 Hats. 199; 4 Grey, 170; 6 Grey, 59. 

289. When any member has spoken, or other business 
intervened, after offensive words spoken, they cannot be 
taken notice of for censure. 

290. And this is for the common security of all, and 
to prevent mistakes which must happen if words are 
not taken down immediately. 

291. Formerly they might be taken down at any 
time the same day. (2 Hats. 196; Mem., in Hakew, 
71; 3 Grey, 48; 9 Grey, 514.) 

292. Disorderly words spoken in committee must be 

written down as in the House; but the committee can 
only report them to the House for (6 

Grey, 46. 

293. It is a breach of order in debate to notice what 
has been said on the same subject in the other House, 
or the particular votes or majorities on it there; because 
the opinion of each House should be left to its own in¬ 
dependency, not to be influenced by the proceedings of 
the other; and the quoting them might beget reflections 
leading to a misunderstanding between the two Houses. 
(8 Grey, 22.) 

294. Neither House can exercise any authority over a 
member or officer of the other, but should complain to 
the House of which he is, and leave the punishment to 
them. 

295. A question of order may be adjourned to give 
time to look into precedents. (2 Hats. 118.) 

296. It is a breach of order for one member to inter¬ 
rupt another while speaking, unless by calling him to 
order if he departs from it. 

297. Calls for adjournment, orders of the day, and the 
question by members from their seats, are breaches of 
order. 



46 


DIGEST OF PARLIAMENTARY LAW. 


298. If during the consideration of a point of order 
or appeal, a question of order arises, the decision of the 
latter by the presiding officer must be submitted to with¬ 
out appeal, for appeals, like a division of a division, can¬ 
not be piled one upon another. 

299. In case of a tie vote, on the opinion of the Chair, 
the decision is sustained. 

tUuJ ■ ti lt-** 1 ' I > J 


ORDERS OF THE HOUSE-. 

300. i The only case where a member has a right to 
insist on any thing, is when he calls for the execution 
of a subsisting order of the House. 

301. But where an order is made that any particular 
matter be taken up on a particular day, the^.question%. 
is to be put when it is called for, whether the House 
will now proceed to that matter. 

302. Where orders of the day are on important or 
interesting matter, they ought to be proceeded on till an 
hour at which the House is ustially full. 

303. Orders of the day may be discharged at any 
time, and a new one made for a different day. (3 Grey, 
48, 313.) 

304. All orders of the House determine with the 
session; and are taken under such an order, may, after 
the session is ended, be discharged on a habeas corpus. 
(Raym. 120; Jacob’s L. D. by Ruffhead; Pari. 1 Rev. 
165, (Prtchard,s case.) 

305. A petition prays something. 

306. A remonstrance has no prayer. (1 Grey, 58.) 

307. When a motion has been made, it is not to be 
put to the question, or debated until it is seconded. 
(Scob. 21.) 



DIGEST OF PARLIAMENTARY LAW. 


47 


308. It is then, and not till then, in possession of the 
House and cannot be withdrawn but by leave of the 
House. (2 Hats. 82.) 

309. It might be asked, whether a motion for ad¬ 
journment or for the orders of the day can be made by 
one member while another is speaking? It cannot. 

310. When two members offer to speak, he who rose 
first is to be heard, and it is a breach of order in another 
to interrnpt him, unless by calling him to order if he 
departs from it. 

311. And the question of order being decided, he is 
still to be heard through. 

312. A call for adjournment, or for the order of the 
day, or for the question, by gentlemen from their seats, 
is not a motion. 

313. No motion can be made without rising and 
addressing the Chair. 

314. Such calls are themselves breaches of order, 
which though the member who has risen may respect, 
as an expression of impatience of the House against 
further debate; yet if he chooses, he has a right 
to go on. 


POSTPONE, MOTION TO. 

315. “ When a question is under debate* no motion 
shall be received, but 
To adjourn. 

To lie on the table. 

For previous question. 

To postpone to a day certain. 

To commit or amend. 

To postpone indefinitely. 



48 


DIGEST OF PAULI AMENTARY LAW. 


Which several motions shall have precedence in the 
order in which they are arranged; and no motion to 
postpone to a day certain, to commit, or postpone indefi¬ 
nitely, being decided, shall be again allowed, on the same 
day and at the same stage of the bill or proposition.” 

316. u When a question is postponed indefinitely, the 
same shall not be acted upon again during the session.” 

[The motion to postpone, under the practice, admits 
of but a very limited debate. When the consideration 
of a subject is postponed to a particular day, upon the 
arrival of that day it is entitled to be taken up, provided 
no question of privilege or other question of higher dig¬ 
nity be taken up.] 

317. In the case of a report of a committee, post¬ 
poned to a day certain, and a failure to consider - it on 
that day, it becomes a report undisposed of, to be first 
considered when reports are in order. And when two 
or more reports are postponed to different days, and are 
not reached on those days, they are to be considered in 
the order of the times to which they are postponed. 

318. The subject postponed need not be considered 
on the day fixed, if it is the pleasure of the House to 
amend, by inserting, instead of proceeding “ now,” some 
future time for its consideration. 

319. If the order is only partly carried out, it may be 
adjourned, and on resuming, the motion may then be 
withdrawn, or suppressed by the previous question. 

320. If the order is not proceeded with on the day 
assigned, it becomes a dropped order, then the subject 
matter reverts to its original state, and proceedings, if 
renewed, must commence de nova. 

321. If an order is dropped for want of a quorum, it 
is not unusual to ta&e it up the next day without 
any further notice. 


DIGEST OF PARLIAMENTARY LAW. 


49 


322. Motions to postpone, as well as to commit, like 
other motions, cannot be read a second time. The 
subject can only be reached again, if at all, by a motion 
to reconsider. 


PRESIDING OFFICER. 

323. When the presiding officer is not a member of 
the assembly over which he presides, but holds his office 
by constitutional provision, he can only give a casting 
vote. (See Haus, (1) 4, 320.) 

324. When the presiding officer is a member of the 
assembly, he is entitled to vote like any other member, 
and does not give a casting vote. (Vote of Speaker 
Macon in Congress in 1803, carried the 12th Cons, 
amendment.) 

325. Where the presiding officer exercises this privil¬ 
ege, and the votes are equally divided, the negative is to 
be presumed. 


PRIVILEGE. 

326. The privileges of members of Parliament, from 
small and obscure beginnings, have been advancing for 
centuries with a firm and never yielding pace. Claims 
seem to have been brought forward from time to time, 
and repeated, till some example of their admission en¬ 
abled them to build law on that example. 

4 




50 


DIGEST OF PARLIAMENTARY LAW. 


327. We can only, therefore, state the points of pro¬ 
gression at which they n6w are. It is now acknowl¬ 
edged: 

First. That they are at all times exempt from question 
elsewhere for any thing said in their own House: that 
during the time of privilege. 

Second. Neither a member, (Order of the House of 
Commons, 1663, July 16,) his wife nor his servants, 
(familiares sui,) for any matter of their own, may be 
(Elsynge 217; 1 Hats. 21; Grey’s Deb. 133,) arrested 
on mesne process, in any civil suit. 

Third. Nor be detained under execution though 
levied before time of privilege. 

Fourth. Nor impleaded, cited, or subpoenaed in any 
court. 

Fifth. Nor summoned as a witness, or juror. 

Sixth. Nor may their lands or goods be distrained. 

Seventh. Nor their persons assaulted, or characters 
traduced. 

328. That these privileges must be continually pro¬ 
gressive, seems to result from their rejecting all defini¬ 
tion of them; the doctrine being that “ their dignity and 
independence are preserved by keeping their privileges 
indefinite; and that the maxims upon which the 
method of proceeding, rests entirely in their own breast, 
and are not defined and ascertained by any particular 
stated laws.” (1 Blackst. 163, 164.) 

329. Under the general authority u to make all laws 
necessary and proper for carrying into execution the 
powers given them,” they may provide by law the 
details which may be necessary for giving full effect to 
the enjoyment of this privilege. No such law being as 
yet made, it seems to stand at present on the following 
ground : 

First. The act of arrest is void, ab initio. (2 Stra. 989.) 


DIGEST OF PARLIAMENTARY LAW. 


51 


Second. The member arrested may be discharged on 
motion, (1 Bl. 166; 3 Stra. 990,) or by habeas corpus , 
under the Federal, or State authority, as the case may 
be; or by a writ of privilege out of the Chancery, 
(2 Stra. 989,) in those States which have adopted that 
part of the laws of England. (Orders of the House of 
Commons, 1550, February 20.) 

Third. The arrest being unlawful is a trespass for 
which the officer and others concerned are liable to 
action or indictment in the ordinary court of justice, as 
in other cases of unauthorized arrest. 

Fourth. The court before which the process is return¬ 
able is bound to act as in other cases of unauthorized 
proceeding, and liable also as in other similar cases, to 
have their proceedings stayed or corrected by the Supe¬ 
rior Courts. 

330. While privilege was understood in England to 
extend, as it does here, only to exemption from arrest, 
eundo morando et redundo , the House of Commons 
themselves decided that “ a convenient time was to be 
understood.” (1 Hats. 99, 100.) 

331. Nor is the law so strict in point of time as to 
require the party to set out immediately on his return, 
but allows him time to settle his private affairs, and to 
prepare for his journey; and does not even scan his road 
very nicely, nor forfeit his protection for a little deviation 
from that which is most direct; some necessity perhaps 
constraining him to it. (2 Stra. 986, 987.) 

332. Privilege from arrest takes place by force of the 
election; and before a return be made a member elected 
may be named of a committee, and is to every extent a 
member, except that he cannot vote until he is sworn. 
(Memor. 107, 108; D’Ewes, 642, col. 2; 1 Pet, MisceL; 
Gar. 119; Lex. Pari. c. 23; 2 Hats. 22, 62.) 


52 


DIGEST OF PARLIAMENTARY LAW. 


333. Every man must, at his peril, take notice who 
are members of either House returned of record. (Lex. 
Pari. 23; 4 Inst. 24.) 

334. On complaint of a breach of privilege, the party 
may either be summoned, or sent for in custody of the 
Sergeant-at-Arms. (Greg. 88, 95.) 

335. The privilege of a member, is the privilege of the 
House. If the member waive it without leave, it is a 
ground for punishing him, but cannot in effect waive the 
privilege of the House. (3 Grey, 144, 222.) 

336. If an offence be committed by a member in the 
House, of which the House has cognizance, it is an in- 
fringehaent of their right for any person, or court to take 
notice of it, till the House has punished the offender, or 
referred him to a due course. (Lex. Pari. 63.) 

337. Privilege is in the power of the House, and is a 
restraint to the proceedings of inferior courts, but not of 
the House itself. (2 Nalson, 450; 2 Grey, 399.) 

338. It is highly expedient, says Hatsel, for the due 
preservation of the privileges of the separate branches 
of the Legislature, that neither should encroach on the. 
other, or interfere in any matter depending before them, 
so as to preclude, or even influence that freedom of 
debate, which is essential to a free council. 


PREVIOUS QUESTIONS. 

339. When a question is under debate, no motion 
shall be received, but 
To adjourn. 

To lie on the table. 

For the previous question. 


$ 



DIGEST OF PARLIAMENTARY LAW. 


53 


To postpone to a day certain. 

To commit or amend. 

To postpone indefinitely. 

Which several motions shall have precedence in the 
order in which they are arranged. 

340. The previous question shall be in this form: 
w Shall the main question be now put?” It shall only 
be admitted when demanded by a majority of the mem¬ 
bers present; and its effect shall be to put an end to all 
debate, (except that the member reporting the measure 
under consideration may close the debate, and the 
every day practice since,) and to bring the House to a 
direct vote upon a motion to commit, if such motion 
shall have been made; and if this motion does not 
prevail, then upon amendments reported by a com¬ 
mittee, if any; then upon pending amendments, and 
then upon the main question. But its only effect, if a 
motion to postpone is pending, shall be to bring the 
House to a vote upon such motion. 

341. Whenever the House shall refuse to order the 
main question, the consideration of the subject shall be 
resumed as though no motion for the previous question 
had been made. 

342. The House may also, at any time, on motion 
seconded by a majority of the members present, close all 
debate upon a pending amendment, or an amendment 
thereto, and cause the question to be put thereon; and 
this shall not preclude any further amendment or debate 
upon the bill. 

343. A call of the House shall not be in order after 
the previous question is seconded, unless it shall appear, 
upon an actual count by the Speaker, that no quorum is 
present. 

344. It is in order, pending the demand for the previ¬ 
ous question on the passage of a bill, to move a recon- 


54 


DIGEST OF PARLIAMENTARY LAW. 


sideration of the vote on its engrossment. [But such 
motion is not debateable under the practice which has 
prevailed for many years.] 

345. The yeas and nays cannot be taken on second¬ 
ing the demand for the previous question. 

346. The effect of a negative vote on the question, 
“shall the main question be put?” is to cause the House 
to resume the consideration of the subjeet as though no 
motion for the previous question had been made. 

347. A member is not debarred from moving the pre¬ 
vious question because he has spoken once. 

348. Where a vote taken under the operation of the 
previous question is reconsidered, the question is then 
divested of the previous question, and is open to debate 
and amendment. [These decisions apply only to cases 
when the previous question was fully exhausted by 
votes taken on all the questions covered by it, before the 
motion to reconsider was made. In any other case the 
pending of the previous question would preclude de¬ 
bates.] 

349. It is not in order to move a reconsideration of 
the vote on ordering the main question when it is 
partly executed. 

350. The previous question is exhausted by an affirm¬ 
ative vote on a motion to refer, and upon a reconsidera¬ 
tion of said vote, the question stands divested of the 
previous question. 

351. After the previous question is ordered, it is not 
in order to entertain a motion to recommit. 

352. A motion for the previous question cannot be 
laid on the table. 

353. The previous question has not the effect of cut¬ 
ting off instructions previously moved in connection 
with a motion to commit. 


DIGEST OF PARLIAMENTARY LAW. 


55 


354. [Under the practice of the House, of Reps. U. S., 
if a question of order or motion to reconsider is pend¬ 
ing when the previous question is moved, when ordered 
it applies only to them, and is explained with the vote 
upon them; so, too, in the case of a motion to post¬ 
pone.] 

355. After the previous question has been seconded, 
it is not competent for the mover to modify his proposi¬ 
tion ; (nor according to the practice, can he withdraw it 
after a second;) but he may withdraw it while the 
House is dividing on the question of a second. 

356. It is competent for a member to submit a reso¬ 
lution, and at the same time move the previous question 
thereon. 

357. The previous question applies to a question of 
privilege equally with any other question. 

358. “ The previous question cannot be put upon an 
amendment, because the question on the amendment, 
being that certain words be inserted or added, or that 
certain words stand part of the question, the decision of 
this question only determines that the words of the 
motion shall or shall not be added, inserted, or stand in 
that particular place, and has therefore all the effect of 
a previous question.” (Hatsel, II, 116. Cushing, 1414.) 

359. After the previous question has been seconded 
and stated, it is not in order then to move to amend the 
main question, without first withdrawing the previous 
question. (Hatsel, 2, 122.) 

360. “A motion for the previous question, seconded, 
may be interrupted, by some question claiming prece¬ 
dence, on the motion to adjourn, to lie on the table, or 
to reconsider, in which case the proceedings on the pre¬ 
vious question are suspended altogether, if either pre¬ 
ceding motion prevails.” 


56 


DIGEST OF PARLIAMENTARY LAW. 


361. If interrupted by an incidental motion, the pro¬ 
ceedings revive, upon its disposition. 

362. “All incidental questions of order, arising after a 
motion for the previous question, and pending such 
motion, shall be decided, whether on appeal, or other¬ 
wise, without debate.” 

363. “ If the previous question passes in the negative, 
the effect is to postpone the main question from that to 
the next sitting day, or to a day or time when such 
business is again in order. When the subject again 
comes or is brought up, the motion for the previous 
question is still the pending question, and must be again 
put to the House, and so on, as often as the decision is 
in the negative.” 

364. The decision of the previous question in the 
affirmative, namely, that “the main question be now 
put,” has the effect to bring immediate action on the 
main question as it then stands. [A late practice in 
Congress, which is contrary to the spirit and letter of 
the rule, has been to entertain a motion, to postpone the 
main question by laying it on the table, or by an adjourn¬ 
ment, but it must be put when the subject is again 
before the House. (30th Cong., 1 Session.) 

365. “ In Parliament, an adjournment is admissible 
after the previous question has been affirmed. (May. 
R. O. etc. 124.) 

366. The main question cannot be modified after the 
previous question has been decided in the affirmative. 
It may be withdrawn before decision or amendment. 

367. The reading of a paper is not in order after the 
previous question has been moved. 

368. “ When one of the privileged motions is made? 
' none of th%se which stand behind it on the list can any 

longer be made while it is pending, and it supersedes for 
the time being all those which are then made, and must 


DIGEST OF PARLIAMENTARY LAW. 57 

be first put to the question. If this motion should be 
decided in the negative, the next preceding motion is to 
be put, and so on until some one prevails or the principal 
question is put.” 

369. “ The motion for the previous question is an 
exception in one respect to this proceeding. If the mo¬ 
tion prevails, the main question is to be taken at once. 
If decided in the negative, the main question is sus¬ 
pended for the day. So whichever way it is decided, it 
disposes of the main question for the time being, and 
leaves no other question to be taken.” 

370. The previous question is not admissible in Com¬ 
mittee of the Whole, inasmuch, as if the subject of a 
motion is not within the authority of the committee to 
consider, it may be suppressed on the ground of order, 
and if within its authority, the consideration of it ought 
not to be suppressed at all. (May. 289.) 

371. It has been doubted whether an amendment can 
be admitted to the main question. (2 Hats. 88.) Hat- 
sel thinks it may, after the previous question moved and 
seconded; but not after it has been proposed from the 
chair. 

372. In this case, he thinks the friends to the amend¬ 
ment must vote that the main question be not now put; 
and then move their amended question; which being 
made new by the amendment, is no longer the same 
which has been just suppressed, and therefore may be 
proposed as a new one. 

373. But this proceeding certainly endangers the main 
question by dividing its friends, some of whom may 
choose it unamended, rather than loose it altogether; 
while others of them may vote as Hatsel advises, that 
the main question be not now put with a view to move 
it again in an amended form. 


58 DIGEST OF PARLIAMENTARY LAW. 

o?4. The enemies of the main question by this 
maneuver to the previous question, get the enemies to 
tlie amendment added to them on the first vote, and 
throw the friends of the main question under the em¬ 
barrassment of rallying again as they can. 

375. The previous question cannot be applied to the 
motions to postpone, to commit, or that a motion be 
ordered to lie cm the table. Nor can these motions be 
put on the motion for the previous question. 

376. If decided in the negative it precludes the taking 
of the same, or any similar question, the same day. 

377. A majority is sufficient to second the previous 
question—and on this question the yeas and nays are 
not admissible, because the question cannot be recon¬ 
sidered by itself, but is reconsidered when the motion 
for the previous question is so. 

378. The only interruption to a previous question is 
one of the privileged motions. 

379. This kind of question is understood by Mr, 
Hatsel to have been introduced in 1604, by Sir Henry 
Vane. (2 Hatsel 80; 2 Grey, 113,114; 2 Grey, 384.) 


PRIVILEGED QUESTIONS. 

380. The question first moved, and seconded shall be 
first put, but this rule gives way to what may be called 
privileged question. 

381. A motion to adjourn simply takes the place of 
all others; for otherwise the House might be kept sit¬ 
ting against its will, and indefinitely. 



DIGEST OF PARLIAMENTARY LAW. 


59 


382. Yet this motion cannot be received after another 
question is actually put, and while the House is engaged 
in voting. 

383. Orders of the day take place of all other 
questions except for adjournment—that is to say, the 
question which is the subject of an order is made a 
privileged one pro hac vice . 

384. The order is a repeal of the general rule as to 
this special case. When any member moves, therefore, 
for the orders of the day to be read, no further debate is 
permitted on the question which was before the House, 
for if the debate might proceed it might continue 
through the day, and defeat the order. 

385. This motion, to entitle it to precedence, must be 
for the orders generally, and not for any particular one, 
and if carried the orders must be read, and proceeded on 
in the course in which they stand. (2 Hats, 83.) For 
priority of order gives priority of right, which cannot be 
taken away, but by another special order. 

3S6. Every parliamentary assembly should have cer¬ 
tain forms of questions, so adapted as to enable them 
fitly to dispose of every proposition which can be made 
to them. 

387. Such are, 

First. The previous question. 

Second. To postpone indefinitely. 

Third. To adjourn a question to a definite day. 

Fourth. To lie on the table. 

Fifth. To commit. 

Sixth. To amend. 

388. The proper occasion for each of these questions 
should be understood. 

3S9. First. When a proposition is moved which it is 
useless or inexpedient now to express, or discuss, the pre- 


60 


DIGEST OF PARLIAMENTARY LAW. 


vious question has been introduced for suppressing, for 
that time, the motion and its discussion. (3 Hats. 
188, 189.) 

390. Second. But as the previous question gets rid of 
it only for that day, and the same proposition may occur 
the next day, if they wish to suppress it for the whole 
of that session, they postpone it indefinitely. (3 Hats. 183.) 

391. This quashes the proposition for that session, as 
an indefinite adjournment is a dissolution or the continu¬ 
ance of a suit; sine die is a discontinuance of it. 

392. Third. When a motion is made which it will be 
proper to act on, but information is wanted, or some¬ 
thing more pressing claims the present time, the ques¬ 
tion, or debate, is adjourned to such a day within the 
session as will answer the views of the House. 
(2 Hats. 81.) 

393. And those who have spoken before may not 
speak again when the adjourned debate is resumed. 
(2 Hats. 73.) 

394. Sometimes, however, this has been abusively 
used by adjourning it to a day beyond the session, to 
get rid of it altogether, as would be done by an indefi¬ 
nite postponement. 

395. 1st. Previous question and^ In the first, second, 

postponement. | and third classes, 
Commit. ^and the first num- 
Amend. J ber of the fourth 

396. 2d. Postpone and previousS class, the rule “ first 

question. I moved first put,” 
Commit. f takes place. 

Amend. 

397. 3d. Commit and previous 

question. 

Postpone. 

Amend. 



DIGEST OF PARLIAMENTARY LAW. 


61 


398. 4th. Amend and previous s 

question. 

Postpone, f 
Commit. J 

399. In the first class, where the previous question 
is first moved, the effect is peculiar; for it not only 
prevents the after motion to postpone or commit from 
being put to question before it, but also from being 
put after it; for if the previous question be decided 
affirmatively, to-wit, that the main question shall now 
be put, it would of course be against the decision to 
postpone or commit; and if it be decided negatively, 
to-wit, that the main question shall not now be put, this 
puts the House out of possession of the main ques¬ 
tion, and consequently there is nothing before them 
to postpone or commit. 

400. So that neither voting for, nor against the pre¬ 
vious question will enable the advocates for postponing 
or committing to get at their object. 

401. Whether it may be amended shall be examined 
hereafter. 

402. Second class. If postponement be decided 
affirmatively, the proposition is removed from before 
the House, and consequently there is no ground for 
the previous question, commitment, or amendment; 
but if decided negatively, (that it shall not be postponed,) 
the main question may then be suppressed by the pre¬ 
vious question, or may be committed or amended. 

403. The third class is subject to the same observa¬ 
tions as the second. 

404. The fourth class, amendment of the main ques¬ 
tion first moved, and afterward the previons question, 
the question of amendment shall be put first. 

405. Amendment and postponement competing; post¬ 
ponement is first put, as the equivalent proposition to 



62 DIGEST OP PARLIAMENTARY LAW. 

adjourn, the main question would be in Parliament. 
The reason is, that the question for amendment is not 
suppressed by postponing, or adjourning the main ques¬ 
tion, but remains before the House whenever the main 
question is resumed; and it might be that the occasion 
for other urgent business might go by, and be lost by 
length of debate on the amendment, if the House had 
it not in their power to postpone the whole subject. 

406. Amendment and commitment. The question 
for committing, though last moved, shall be first put, 
because, in truth, it facilitates, and befriends the motion 
to amend. Scobell is express: “ On motion to amend a 
bill, any one may, notwithstanding, move to commit it, 
and the question for commitment shall be first put.” 

407. Suppose a motion to postpone, commit or 
amend the main question, and that it be moved to sup¬ 
press that motion by putting a previous question on it: 

408. This is not allowed, because it would embarrass 
questions too much to allow them to be put on one 
another ad infinitum , and the same result may be had 
in a more simple way, by deciding against the postpone¬ 
ment, commitment or amendment. (2 Hats. 81, 2, 3, 4.) 

409. Suppose a motion for the previous question or 
commitment, or amendment of the main question, and 
that it then be moved to postpone the motion for the 
previous question, or for commitment or amendment of 
the main question. 

410. First. It would be absurd to postpone the previ¬ 
ous question, commitment, or amendment, alone, and 
thus separate the appendage from its principal; yet it 
must be postponed separately from its original, if at all, 
for when a main question is before the House, no mo¬ 
tion shall 'be received, but to commit, amend, or pre¬ 
vious question the original question which is the parlia¬ 
mentary doctrine also, therefore the motion to postpone the 


DIGEST OF PARLIAMENTARY LAW. 


G3 


secondary motion for the previous question, or for com¬ 
mitting, or amending, cannot be received. (Barclay, 99.) 

411. Second. This is placing questions on another; 
which to avoid embarrassment is not allowed. 

412. Third. The same result may be had more simply 
by voting against the previous question, commitment or 
amendment. 

413. Suppose a commitment moved of a motion for 
the previous question, or to postpone, or amend. 

414. The first , second and third reasons, before stated, 
all hold good against this. 

415. Suppose an amendment moved to a motion for 
the previous question: Answer: The previous question 
cannot be amended, Parliamentary usage, as well as the 
ninth rule of the Senate has fixed its form to be, “ Shall 
the main question be now put”—i. e., at this instant; 
and as the present instant is but one, it can admit of no 
modification. 

416. To change it to to-morrow, or any other moment, 
is without example, and without utility. 

417. But suppose a motion to amend a motion for 
postponement, as to one day instead of another, or to a 
special instead of an indefinite time: 

418. The useful character of amendment gives it a 
privilege of attaching itself to a secondary and privileged, 
motion; that is, we may amend a postponement of a 
main question. 

419. So, we may amend a commitment of a main 
question, as by adding, for example, “ with instructions 
to inquire,” etc. 

420. In like manner, if an amendment be moved to 
an amendment, it is admitted; but it would not be 
admitted in another degree, to-wit, to amend an amend¬ 
ment to an amendment of a main question. 

421. This would lead to too much embarrassment. 


64 


DIGEST OF PARLIAMENTARY LAW. 


422. The line must be drawn somewhere, and usage 
has drawn it after the amendment to the amendment. 

423. The same result must be sought by deciding 
against the amendment to the amendment, and then 
moving it a^ain as it was wished to be amended. 

424. In this form it became only an amendment to 
an amendment. 

425. In filling a blank with a sum, the largest sum 
shall be first put to the question. A rule of Congress 
inverts this order contrary to Parliamentary law. (5 
Grey, 179; 2 Hats. 8, 83; 3 Plats. 132, 133.) 

426. And this is considered to be not in the form of 
an amendment to the question, but as alternative or 
successive originals. 

427. In all cases of time or number, we must con¬ 
sider whether the larger comprehends the lesser, as in a 
question to what day a postponement shall be, the 
number of a committee, amount of a fine, term of an 
imprisonment, term of irredeemability of a loan, or the 
terminus in quem in any other case, then the question 
must begin a maximo. 

428. Or whether the lesser includes the greater, as in 
questions on the limitations of the rate of interest, on 
what day the session shall be closed by adjournment, on 
what day the next shall commence, when an act shall 
commence, or the terminus a quo in any other case 
where the question must begin a minimo , the object 
being not to begin at that extreme which, and more, 
being within every mans wish, no one could negative it, 
and yet if he should vote in the affirmative, every ques¬ 
tion for more, would be precluded but at that extreme 
which would unite few, and then to advance or recede 
till you get a number which will unite a bare majority. 
(3 Grey, 376, 384, 385.) 


DIGEST OF PARLIAMENTARY LAW. 


65 


429. The fair question in this case is not that to 
which, and more, all will agree, but whether there shall 
be addition to the question. (3 Grey, 365.) 

430. Another exception to the rule of priority, is 
when a motion has been made to strike out or agree to 
a paragraph. 

431. Motions to amend it are to be put to the ques¬ 
tion before a vote is taken on striking out, or agreeing 
to the whole paragraph. 

432. But there are several questions which, being in¬ 
cidental to every one, privileged or not, to wit, a ques¬ 
tion of order, arising out of any other question, must be 
decided before that question. (2 Hats. 88.) 

433. A matter of privilege arising out of any ques¬ 
tion, supersedes the consideration of the original ques¬ 
tion, and must be first disposed of. (2 Hats. 88.) 

[Quere: Can a minority report be deemed a priv¬ 
ilege?] 


TIIE QUESTION. 

434. Each stage of a title gives occasion to a new 
and different question. Hence it is a principle of par¬ 
liamentary practice that when the same subject is sub¬ 
mitted for consideration more than once, the question, 
on each occasion is a new and different one, though the 
subject and language mutatis mutandis the same. 

435. A question may be adjourned to look into pre¬ 
cedents. (2 Hatsel, 118.) 

436. Questions arising in point of order during a 
division of the House must be decided by the presiding 
officer peremptorily. Subject to future censure of the 
House if irregular. 


o 



66 


DIGEST OF PARLIAMENTARY LAW. 


437. While an amendment is pending, the main ques¬ 
tion cannot be spoken to; when it is decided, whether 
agreed to, or rejected, the original question revives, and 
may be spoken to as before. 

438. A member cannot make a second speech to 
move an amendment. (Hausard 1, iv: 546, 547.) 

439. It is the ordinary courtesy of the House, though 
not that of strict right, to allow the member, who intro¬ 
duces a motion to speak a second time by way of reply. 
(Pari. Reg. xii: 127. Same, 23, 93, 94. Same, 49,126. 
Haus. 1, 16, 744.) 

440. This privilege belongs only to the mover of a 
distinct and original proposition on its first introduction 
to the House. 

441. The extent to which replies are allowed must 
depend upon the rules of each assembly. 

442. When secondary questions involve the merits of 
the main question, upon which they are moved, the main 
question is open for discussion. 

443. A motion to adjourn is a secondary motion; so 
is the previous question. 

444. Motions to amend are of this description, if 
moved in such a form as to suppress the main question, 
as originally moved; if made in such a form, that, if 
decided either way, the main question remains as before, 
then the merits are not involved in the question of 
amendment. 

445. A motion of the former description is where an 
amendment is offered to leave out all but the formal or 
technical words of the main question, to insert a differ¬ 
ent motion. 

446. A motion of the latter description is where an 
amendment is offered to leave out certain words either 
simply or for the purpose of adding other words. This 
mayor may not involve the merits of the main question. 


DrGEST OF PARLIAMENTARY LAW. 


67 


447. The same may be said of motions to amend by 
inserting or adding words. 

448. It has been held in Congress that the merits of 
the main question are not open for discussion on the 
question to postpone to a day certain, to recommit, to 
commit, or refer, on motion for a call of the House, or> 
for the previous question. 

449. “ On the other hand, it has been decided in Con¬ 
gress that the merits are open for discussion on a motion 
to postpone indefinitely, on passing a bill, on filling blanks, 
and on resolutions of inquiry.” 

450. “ Questions to reconsider, do not generally open 
the whole subject, but only according to each motion.” 


PETITION. 

451. As to the right of petition in general, see the 
speech of Robert C. Winthrop, in the House of Repre¬ 
sentatives, on 23d and 24th January, 1844. 

452. Memorials, remonstrances, protests and declara¬ 
tions, if they contain a prayer, are received as petitions. 

453. It is not allowable for petitioners to refer to any 
thing which may have been said by members in debate 
in the House, either for the purpose of complaint, con¬ 
tradiction, or comment (Hausard.) 

454. If objection is made to presenting a petition, it 
is considered as equivalent to a motion, on the part of 
the member offering the petition, that it be received. 
The question is to be decided the ordinary way, either 
in the negative or affirmative form. 

455. If the question of reception is ordered to lie on 
the table, the petition remains in the possession of the 
member offering to present it. 





63 


DIGEST OF PARLIAMENTARY LAW. 


456. Motions to read a petition may be debated in 
the same manner as other motions. 


QUO?, u M 

457. Whenever it is found that a quorum is not pres¬ 
ent, any member may call for the House to be counted, 
and being found deficient, business is suspended. (2 
Hatsel, 125.) 


u 

INSJCKT, MOTION TO. 

458.. The motion to insert, in its parliamentary sense, 
merely reaffirms the position of the House, by which it 
is adopted, and may be adopted, and with like effect by 
either. 

459. The effect of a decision of this motion in the 
affirmative—and it is applied of course only where 
there are disagreeing votes—is on further consideration 
to reaffirm the position by which it passes—thus by this 
motion the amending House insists on its amendment, 
and the originating House on its disagreement to the 
amendment. After a motion to insert has been decided 
in the negative, it is then in order to recede, or adhere. 
(Jefferson’s manual.) 

460. The motion to adhere not only reaffirms but 
strengthens the position already taken by the House 
adopting it, and is understood to imply that the House 
will not change its determination.. But there is nothing 



digest or parliamentary law, 


69 


irrevocable in this motion, and if decided in the neffa- 
• • • ^ 
tiye, it is then in order to recede or insist. (Jefferson’s 

manual.) (See motion to recede.) 


RECONSIDER, MOTION TO. 

461. An expedient is often resorted to by the friends 
of a measure, to move a reconsideration of the vote, 
and to lay that motion on the table. The effect of this 
proceeding is, that no second motion to reconsider can 
be made, and the first cannot be got at. 

462. After a measure has passed through its second 
stage, it is too late to move a reconsideration of the 
first—nor can a reconsideration of an order take place 
when the execution of such order has commenced—for 
instance the previous question, when the main question 
is being taken. 

463. When a question is lost by a tie vote, those 
who voted in the negative are alone entitled tp move a 
reconsideration. 

464. A negative vote on a motion to lie on the table 
may be reconsidered. 

465. A motion to reconsider a vote laying a motion 
to reconsider on the table is not in order. 

466. The previous question may be reconsidered 
before the main question is put, but not afterwards. 

467. A motion to suspend the rules cannot be recon¬ 
sidered. 

468. A vote on the passage of a vetoed bill cannot 
be reconsidered. 

469. A motion to reconsider is not debatable, if the 
question proposed to be reconsidered was not debatable. 



70 DIGEST OF PARLIAMENTARY LAW. 

ft 

470. A vote on the reconsideration of a vetoed bill 
cannot be reconsidered. 

471. This motion is distinct both from a motion to 
rescind the former vote, and from the subject of it. 

472. “ The motion to reconsider is debateable, although, 
the question which it is proposed to reconsider is not.” 

473. “ It has been held in Congress that such motion 
could not be debated,” by reason of inconvenience re¬ 
sulting therefrom. 

474. “ There can be no reconsideration of an order, 
the execution of which has commenced, as, for example, 
the previous question, while the main question is being 
taken, though such order may be rescinded, or discharged, 
if the nature thereof will admit of such a motion, as to 
so much of the same as remains unexecuted.” 

475. “ Nor can a reconsideration take place in a com¬ 
mittee, or in Committee of the Whole. 


RECEDE, MOTION TO. 

476. The motion to recede, in the originating House, 
is to recede from its disagreement to the amendment; 
if made in the other, it is to recede from its amendment. 
If made in the latter, and decided in the affirmative, the 
effect of the decision is to bring the two Houses to an 
agreement at once. If made in the originating House, 
and then decided in the affirmative, the effect of the 
decision is to prepare the way for an agreement, and the 
House may then agree, or agree with an amendment. 
The immediate effect of a negative decision of this 
question in both Houses, is obvious; it is also equivalent 



DIGEST OF PARLIAMENTARY LAW. 


71 


to a vote to insist, but not to adhere. A negative deci¬ 
sion may be followed by a motion to insist, or motion 
to adhere, or both. (Jefferson’s Manual.) 


RECOMMIT, MOTION TO. 

477. A bill cannot be recommitted after the main 
question is ordered, (nor, according to practice, pending 
the demand for the previous question.) 


SPECIAL ORDER. 

478. A special order is made under a suspension 
of the rules—pending which, it is not in order to move 
a suspension of the rules to receive any measure foreign 
to the issue then before the House. 

479. A majority can postpone an “order,” and by 
unanimous consent, the business of an “order,” when 
delayed, for the introduction of a measure that will not 
infringe upon the privileges of the order. 




72 


DIGEST OF PARLIAMENTARY LAW. 


STRIKE OUT, MOTION TO. 

480. A motion to strike out and insert is indivisible; 
but a motion to strike out being lost does not preclude 
amendment, nor a motion to strike out and insert. (See 
further amendments.) 


SUPPRESS, MOTION TO. 

481. When a motion is pending which it is desir¬ 
able to suppress, without coming to any decision thereon, 
the object may be effected in four different ways: 

First. By an adjournment. 

Second. By means of previous questions. 

Third. By proceeding to the orders of the day. 
Fourth. By means of an amendment. 


SUSPENSION OF RULES. 

482. This motion cannot be amended, nor can it be 
laid on the table, or postponed indefinitely; but the pre¬ 
vious question may be put upon it; it may be taken by 
yeas and nays, and it may be taken as divided, if 
divisible. 

483. If an adjournment takes place during a suspen¬ 
sion of the rules, the order is not thereby suppressed, 
but goes over to the next day as unfinished business. 

484. If this motion is made for the purpose of intro¬ 
ducing new business, and it prevails, the measure must 




DIGEST OF PARLIAMENTARY LAW. 


73 


take the ordinary course, and it will then be open, like 
every other paper of the same description, to amend¬ 
ment, etc., generally to the reverse of the above rule. 

485. A member rising to a personal explanation, if 
refused, may call for a suspension of the rules, under 
which he may possess a latitude, he would not otherwise 
acquire, even under a “ privilege.” (See motions.) 

486. A vote on the motion to suspend the rules can¬ 
not be reconsidered. 

487. A motion to suspend the rules is not debatable, 
nor can it be laid on the table, nor postponed indefi¬ 
nitely, but the previous question may be put upon it, 
and may be taken by the yeas and nays. 

488. Pending a special order, it is not in order to 
move a suspension of the rules, the special order having 
been made under a suspension of the rules. 


VETO. 

489. The main question in the consideration of a ve¬ 
toed bill is, “ Will the House on reconsideration agree to 
pass the bill?” 

490. The motion to proceed to the consideration of 
such bill is a piivileged question. 

491. A vote on the passage of a vetoed bill, cannot be 
reconsidered. 

492. A member has a right to change his vote before 
the decision of the chair has been pronounced. 



74 


DIGEST OF PARLIAMENTARY LAW. 


VOTE. 


493. When a question is pending, the right, or duty of 
a member to vote on that question, may be brought for¬ 
ward by himself, or any other member, and settled by 
the House before that question is taken. 

494. After the question has been proceeded with, and 
before decision announced, the presiding officer must 
decide it peremptorily, as a question of order. 

495. A member may be compelled by the presiding 
officer to vote without debate or delay, on a division of 
the House. 

496. “ The point of time to which the right of voting 
is referred, according to parliamentary law, is the being 
in the House at the time the question is put, and this is 
the point of time, unless otherwise regulated in each 
assembly by a special rule. In the House of Represen¬ 
tatives of the United States, the general rule requires 
members to be present within the bar of the House, 
when the question is put; but when the yeas and nays 
are taken, and any member asks leave to vote, the 
Speaker is directed to inquire of him whether he was 
within the bar when his name was called. 

497. Until the calling of the roll is completed, and 
the decision of the House announced, members have a 
right to be called again, and change their votes, and 
during this period of time, also, absent members, if 
allowed, as they may be, if no one objects, come in, and 
vote with the others. 

498. If they do not apply until afterwards, they can 
only be permitted to record their votes by leave of the 
House, on motion, and vote in the ordinary manner. 

499. “ Votes accidentally omitted, may be entered at 
any time.” 





DIGEST OP PARLIAMENTARY LAW. 


75 


YEAS AND NAYS. 

500. The yeas and nays cannot be demanded on 
seconding the demand for the previous question. 

501. They cannot be taken on a question in Com¬ 
mittee of the Whole. 

502. A member may change his vote before decision 
has been pronounced. 

503. This method of voting must be applied to ques¬ 
tions only. 

504. A motion for the yeas and nays can only be 
made once in reference to the same question. 

505. The yeas and nays may be demanded while the 
House is dividing. 

506. An order or refusal of yeas and nays may be re¬ 
considered. 

507. After the roll has commenced and a member 
has answered to his name, the call must progress with¬ 
out debate. 

508. A member As the right to have an erroneous 
record of his vote corrected—after the announcement 
of the vote. 

509. The yeas and nays cannot be called, on excusing 
a member from voting, if objections be made—unani¬ 
mous consent being required to excuse a member from 
a duty to vote. 








































































TABLE OF CONTESTS, 


Adhere, motion to, 

Adjourn, motion to, - 
Amendment, - 

Amendments between the two Houses, 

Appeal,. 

Bar of the House, (see Vote,) 

Bills, . 

Bills, on second reading, - 

Bills, commitment, - 
Bills, recommitment, - 

Bills, on third reading, - 

Call of the House, - 
Commit, motion to, - 
Committee, - 

Committee of the Whole, - 

Conferences,. 

Debate,. 

Division of Question, - 

Division of House, - 

Enacting words, - 

Enacting words, motion to strike out, 

Insert, motion to, - 

Joint Resolution, - 

Lie on the table, motion to, 

Messages, . 

Minority Report, - 


Sec. 215 







78 


TABLE OF CONTENTS, 


Motion to insert, 

_ 


■f 

_ 

Page. 

- 68 

Motions, - 

- 


n 


- 32 

Order, 

- 

- 


- 

- 43 

Orders of the House, - 

- 

- 

- 


- 46 

Petition, - 

«c 

- 



- 67 

Postpone, motion to, - 

- 

- 

- 


- 47 

Presiding Officer, 

-( 

- 

- 


- 49 

Previous Question, 

- 

- 

- 


- 52 

Privilege, 


- 

- 


- 49 

Privilege Question, 



- 


- 58 

Question, 

- 

- 

- 


- 65 

Question, division of, 

- 

- 

m 


- 34 

Question, equivalent, 

- 

w 

w 


- 36 

Question, co-existing, 

- 

■» 



- 21 

Quorum, 






Reconsider, motion to, 

- 

- 

- 


- 69 

Recede, motion to, 

- 


- 


- 70 

Recommit, motion to, 


- 



- 71 

Rules, suspension of, 


- 

- 


- 72 

Rules, importance of adhering 

to, 

- 


4 

Special Order, 

- 

- 

- 


- 71 

Strike Out, motion to, 

w 


- 


- 72 

Suppress, motion to, - 

- 

- 



- 72 

Veto, - 

u 

- 

- 


- 73 

Vote, - - i 

- 

- 

- 

- 

- 74 

Yeas and Nays, 

- 

- 

- 

- 

- 75 






CONSTITUTION 

OF THE 

UNITED STATES OF AMERICA. 


We, the people of the United States, in order to form a more perfect 
Union, establish justice, insure domestic tranquility, provide for 
the common defence, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 

ARTICLE i. 

Section 1 . All the legislative powers herein granted shall be 
vested in a Congress of the United States, which shall consist of a 
Senate and House of Representatives. 

Sec. 2. The House of Representatives shall be composed of mem¬ 
bers chosen every second year by the people of the several States, and 
the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

No person shall be a Representative who shall not have attained 
the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when fleeted, be an inhabitant of 
that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a 
term of years, and excluding Indians not taxed, three-fifths of all 
other persons. The actual enumeration shall be made within three 
years after the first meeting of the Congress of the United States, and 
within every subsequent term of ten years, in such manner as they 



SO CONSTITUTION OF UNITED STATES. 

shall by law direct. The number of Representatives shall not exceed 
one for every thirty thousand, but each State shall have at least one 
Representative; and until such enumeration shall be made, the State 
of New Hampshire shall be entitled to choose three, Massachusetts 
eight, Rhode Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five, South Carolina five, 
and Georgia three. 

When vacancies happen in the representation from any State, the 
Executive authority thereof shall issue Writs of Election to fill such 
vacancies. 

The House of Representatives shall choose their Speaker and other 
officers, and shall have the sole power of impeachment. 

Sec. 3. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the Legislature thereof, for six 
years ; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be vacated 
at the expiration of the second year, of the second class at the expira¬ 
tion of the fourth year, and of the third class at the expiration of the 
sixth year, so that one-third may be chosen every second year; and if 
vacancies happen by resignation, or otherwise, during the recess of 
the Legislature of any State, the Executive thereof may make tempo¬ 
rary appointments until the next meeting of the Legislature, which 
shall then fill such vacancies. 

No person shall be a Senator who shall not have attained to the age 
of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

The Vice President of the United States shall be President of the 
Senate, but shall not vote, unless they be equally divided. 

The Senate shall choose their other officers, and also a President 
pro tempore, in the absence* of the Vice President, or when he shall 
exercise the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside; and no person shall be convicted without the concur¬ 
rence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualifications to hold and enjoy any 
office of honor, trust or profit under the United States ; but the party 


CONSTITUTION OF UNITED STATES. 


81 


convicted shall, nevertheless, be liable and subject to indictment, trial, 
judgment and punishment, according to law. 

Sec. 4. The times, places and manner of holding elections for 
Senators and Representatives, shall be prescribed in each State by the 
Legislature thereof; but the Congress may at any time by law make 
or alter such regulations, except as to the places of choosing Senators. 

The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall 
by law appoint a different day. 

Sec. 5. Each House shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall con¬ 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance of 
absent members, in such manner and under such penalties as each 
House may provide. 

Each House may determine the Rules of its Proceedings, punish 
its members for disorderly behavior, and, with the concurrence of two- 
tliirds, expel a member. 

Each House shall keep a Journal of its Proceedings, and from time 
to time publish the same, excepting such parts as may in their judg¬ 
ment require secrecy ; and the yeas and nays of the members of either 
House on any question, shall, at the desire of one-nftli of those present, 
be entered on the journal. 

Neither House, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two Houses shall be sitting. 

Sec. C. The Senators and Representatives shall receive a compen¬ 
sation for their services, to be ascertained by law and paid out of the 
treasury of the United States. They shall in all cases, except treason, 
felony, and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective Houses, and in going to 
and returning from the same; and for any speech or debate in either 
House, they shall not be questioned in any other place. 

No Senator or Representative, shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which have been created, or the emoluments whereof 
shall have been increased during such time; and no person holding 
any office under the United States shall be a member of either House 
during his continuance in office. 

Sec. 7. All bills for raising revenue shall originate in the House 
of Representatives; but the Senate may propose or concur with 
amendments as on other bills. 

6 


82 CONSTITUTION OF UNITED STATES. 

Every bill wliich shall have passed the House of Representatives 
and the Senate, shall, before it becomes a law, be presented to tho 
President of the United States: If he approve, he shall sign 
it; but if not, he shall return it, with his objections to that 
House in which it shall have originated, who shall enter the objections 
at large on their journal and proceed to reconsider it. If, after such 
reconsideration, two-tliirds of that House shall agree to pass the bill, 
it shall be sent, together with the objections, to the other House, by 
which it shall likewise be reconsidered, and if approved by two- 
thirds of that House, it shall become a law. But in all cases the 
votes-of both Houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall be entered 
on the journal of each House respectively. If any bill shall not be 
returned by the President within ten days (Sundays excepted) after 
it shall have been presented to him, the same shall be a law, in like 
manner as if he had signed it, unless the Congress, by their adjourn¬ 
ment, prevent its return, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a 
question of adjournment) shall be presented to the President of the 
United States; and before the same shall take effect, shall be ap¬ 
proved by him; or, being disapproved by him, shall be repassed by 
two-tliirds of the Senate and House of Representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Sec. 8. The Congress shall have Power— 

To lay and collect Taxes, Duties, Imposts and Excises, to pay the 
debts and provide for the common defence and general welfare of the 
United States; but all Duties, Imposts and Excises shall be uniform 
throughout the United States; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes ; 

To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States ; 

To coin money, regulate the value thereof, and of foreign coin, and 
fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities and 
current coin of the United States; 

To establish post offices and post roads ; 

To promote the progress of science and useful arts, by securing for 
limited times to authors and inventors the exclusive right to their 
.respective writings and discoveries ; 

To constitute tribunals inferior to the Supreme Court; 


CONSTITUTION OF UNITED STATES. 


83 


To define and punish piracies and felonies committed on the high 
seas, and offences against the law of nations; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money to that 
use shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land and 
naval forces; 

To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections and repel invasions; 

To provide for organizing, arming and disciplining the militia, and 
for governing such part of them as may be employed in the service of 
the United States, reserving to the States respectively the appoint¬ 
ment of the officers, and the authority of training the militia accord¬ 
ing to the discipline prescribed by Congress; 

To exercise exclusive legislation, in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of partic¬ 
ular States, and the acceptance of Congress, become the seat of the 
Government of the United States, and to exercise like authority over 
all places purchased by the consent of the Legislatux-e of the State in 
which the same shall be, for the erection of forts, magazines, arsenals, 
dock yards, and other needful buildings; and 

To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powers vested by 
this Constitution in the Government of the United States, or in any 
department or officer thereof. 

Sec. 9. The migration or importation of such persons as any of 
the States now existing shall think proper to admit, shall not be pro¬ 
hibited by the Congress prior to the year one thousand eight hundred 
and eight, but a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 

The privilege of the writ of Habeas Corpus shall not be suspended, 
unless when, in cases of rebellion or invasion, the public safety may 
require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless in proportion 
to the census or enumeration hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce or rev¬ 
enue to the ports of one State over those of another; nor shall vessels 
bound to or from one State, be obliged to enter, clear, or pay duties in 
another. 


84 


CONSTITUTION OF UNITED STATES. 


No money shall be drawn from the treasury but in consequence of 
appropriations made by law; and a regular statement and account of 
the receipts and expenditures of all public money shall be published 
from time to time. 

No title of nobility shall be granted by the United States: And no 
person holding any office of profit or trust under them shall, without 
the consent of the Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, or foreign State. 

Sec. 10. No State shall enter into any treaty, alliance, or confed¬ 
eration ; grant letters of marque or reprisal; coin money ; emit bills 
of credit; make anything but gold and silver coin a tender in payment 
of debts; pass any bill of attainder, ex post facto law, or law impair¬ 
ing the obligation of contracts, or grant any title of nobility. 

No State shall, "without the consent of Congress, lay any imposts or 
duties on imports or exports, except what may be absolutely necessary 
for executing its inspection laws; and the net produce of all duties 
and imposts, laid by any State on imports or exports, shall be for the 
use of the treasury of the United States; and all such laws shall be 
subject to the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, or 
eh’gage in war, unless actually invaded, or in such-imminent danger 
as will not admit of delay. 


ARTICLE II. 

7. 

Section 1. The executive power shall be vested in a President of 
the United States of America. lie shall hold his office during the 
term of four years, and together with the Vice President, chosen for 
the same term, be elected as follows: 

Each State shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the "whole number of Sena¬ 
tors and Representatives to which the State may be entitled in the 
Congress: but no Senator or Representative, or person holding an 
office of trust or profit under the United States, shall be appointed an 
elector. 

The electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of 
the same State "with themselves. And they shall make a list of all 
the persons voted for, and of the number of votes for each; which list 
they shall sign and certify, and transmit sealed to the seat of the 
government of the United States, directed to the President of the 


CONSTITUTION OF UNITED STATES. 85 

Senate. The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and 
the votes shall then bo counted. The person having the greatest num¬ 
ber of votes shall be the President, if such number be a majority of 
the whole number of electors appointed; and if there be more than 
one who have such a majority, and have an equal number of votes, 
then the House of Representatives shall immediately choose by ballot 
one of them for President; and if no person have a majority, then 
from the five highest on the list the said House shall in like manner 
choose the President. But in choosing the President, the votes shall 
be taken by States, the representation from each State having one 
vote; a quorum for this purpose shall consist of a member or members 
from two-thirds of the States, and a majority of all the States shall 
be necessary to a choice. In evei’y case, after the choice of the Presi¬ 
dent, the person having the greatest number of votes of the electors, 
shall be the Vice President. But if there should remain two or more 
who have equal votes, the Senate shall choose from them by ballot the 
Vice President.* 

The Congress may determine the time of choosing the electors, and 
the day on which they give their votes; which day shall be the same 
throughout the United States. 

No person except a natural born citizen, or a citizen of the United 
States, at the time of the adoption of this Constitution, shall be eli¬ 
gible to the office of President; neither shall any person be eligible to 
that office who shall not have attained to the ago of thirty-five years, 
and been fourteen years a resident within the United State. 

In case of the removal of the President from office, or cf his death 
resignation, or inability to discharge the powers and duties of the said 
office, the same sliaU devolve on the Vice President, and the Congress 
may by law provide for the case of removal, death, resignation, or in¬ 
ability, both of the President and Vice President, declaring what offi¬ 
cer shall then act as President, and such officer shall act accordingly, 
until the disability be removed, or a President shall be elected. 

The President shall, at stated times, receive for his services a com¬ 
pensation, which shall neither be increased nor diminished during the 
period for which he shall have been elected, and he shall not receive 
within that period any oilier emolument from the United States, or 
any of them. 

Before he enter on the execution of his office, he shall take the fol¬ 
lowing oath or affirmation: 

■» This clause of tlio Constitution has been amended. See twelfth article of the 
amendments. 


I 





86 


CONSTITUTION OF UNITED STATES. 


I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will, to the best of my 
ability, preserve, protect, and defend the Constitution of the United 
States.” 

Sec. 2. The President shall be Commander-in-chief of the army 
and navy of the United States, and of the militia of the several 
States, when called into the actual service of the United States; he 
may require the opinion, in writing, of the principal officer in each of 
the executive departments, upon any subject relating to the duties of 
their respective offices, and he shall have power to grant reprieves and 
pardons for offences against the United States, except in cases of im¬ 
peachment. 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senate present 
concur; and he shall nominate, and by and with the advice and con¬ 
sent of the Senate, shall appoint Ambassadors, other public Ministers 
and Consuls, Judges of the Supreme Court, and all other officers of 
the United States, whose appointments are not herein otherwise pro¬ 
vided for, and which shall be established by law; but the Congress 
may by law vest the appointment of such inferior officers as they 
think proper in the President alone, in the Courts of Law, or in the 
Heads of Departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions, 
which shall expire at the end of their next session. 

Sec. 3. He shall from time to time give to the Congress informa¬ 
tion of the state of the Union, and recommend to. their consideration 
such measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both Houses, or either of them; and 
in case of disagreement between them, with respect to the time of ad¬ 
journment, he may adjourn them to such time as he shall think 
proper; he shall receive Ambassadors and other public Ministers ; he 
shall take care that the laws be faithfully executed, and shall commis¬ 
sion all the officers of the United States. 

Sec. 4. The President, Vice President, and all Civil Officers of the 
United States, shall be removed from office on impeachment for, and 
conviction of, Treason, Bribery, or other high Crimes and Misde¬ 
meanors. 

ARTICLE III. 

Section 1. The judicial power of the United States shall be vested 
in one Supreme Court, and in such inferior Courts as the Congress 
may from time to time ordain and establish. The Judges, both of the 


CONSTITUTION OF UNITED STATES. 


87 


Supremo and inferior Courts, shall hold their offices during good be¬ 
havior, and shall, at stated times, receive for their services a compen¬ 
sation, which shall not be diminished during their continuance in 
office. 

Sec. 2. The judicial power shall extend to all cases, in Law and 
Equity, arising under this Constitution, the Laws of the United States, 
and Treaties made, or which shall be made, under their authority; to 
all cases affecting Ambassadors, other public Ministers, and Consuls; 
to all cases of admirality and maritime jurisdiction; to controversies 
to which the United States shall be a party; to controversies between 
two or more States; between a State and citizens of another State; 
between citizens of a different State; between citizens of the same 
State claiming lands under grants of different States, and between a 
State, or the citizens thereof, and foreign States, citizens or subjects. 

In all cases affecting Ambassadors, other public Ministers and Con¬ 
suls, and those in which a State shall be a party, the Supreme Court 
shall have original jurisdiction. In all other cases before mentioned, 
the Supreme Court shall have appellate jurisdiction, both as to law and 
fact, with such exceptions and under such regulations as the Congress 
shall make. 

The trial of all crimes, except in cases of Impeachment, shall be by 
jury; and such trial shall beheld in the State where the said crime 
shall have been committed; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law 
have directed. 

Sec. 3. Treason against the United States shall consist only in 
levying war against them, or adhering to their enemies, giving them 
aid and comfort. No person shall bo convicted of Reason unless on 
the testimony of two witnesses to the same overt act, or on confession 
in open Court. 

The Congress shall have power to declare the punishment of treason, 
but, no Attainder of Treason, shall work corruption of blood, or for¬ 
feiture, except during the life of the person attainted. 

ARTICLE IV. 

Section 1. Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other State. 
And the Congress may by general laws prescribe the manner in which 
such acts, records, and proceedings shall be proved, and the effect 
thereof. 

Sec. 2. The citizens of each State shall bo entitled to all privileges 
and immunities of citizens in the several States. 


88 


CONSTITUTION OP UNITED STATES. 


A person charged in any State with treason, felony, or other crime, 
who shall flee from justice, and be found in another State, shall, on 
demand of the executive authority of the State from which he fled, be 
delivered up, to be removed to the State having jurisdiction of the 
crime. 

No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shall 
be delivered up on claim of the party to whom such service or labor 
may be due. 

Sec. 3. New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within the juris¬ 
diction of any other State; nor any State be formed by the junction 
of two or more States, or parts of States, without the consent of the 
Legislatures of the States concerned, as well as of the Congress. 

The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property be¬ 
longing to the United States; and nothing in this Constitution shall 
be so construed as to prejudice any claims of the United States, or 
any particular State. 

Sec. 4. The United States shall guaranty to every State in this 
Union a republican form of Government, and shall protect each of 
them against invasion; and on application of the Legislature, or of 
the Executive, (when the Legislature cannot be convened,) against 
domestic violence. 


ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall deem it 
necessary, shall propose amendments to the Constitution, or, on the 
application of the Legislature of two-thirds of the several States, 
shall call a Convention for proposing amendments, which, in either 
case, shall be valid to all intents and purposes, as part of this Consti- 
tion, when ratified by the Legislatures of three-fourths of the several 
States, or by Convention in three-fourths thereof, as the one or the 
other mode of ratification may be proposed by the Congress; Pro¬ 
vided, that no amendment which may be made prior to the year one 
thousand eight hundred and eight shall in any manner effect the first 
and fourth clauses in the ninth section of the first article; and that 
no State, without its consent, shall be deprived of its equal suffrage 
in the Senate. 


CONSTITUTION OF UNITED STATES 


89 


ARTICLE VI. 

All debts contracted and engagements entered into before the adop¬ 
tion of this Constitution, shall be as valid against the United States } 
under this Constitution, as under the Confederation. 

This Constitution and the laws of the United States Which shall be 
made in pursuance thereof; and all Treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land; and the Judges in every State shall be bound thereby, 
any thing in the Constitution or laws of any State to the contrary 
notwithstanding. 

The Senators and Representatives before mentioned, and the mem¬ 
bers of the several State Legislatures, and all executive and judical 
officers, both of the United States and of the several States, shall be 
bound by oath or affirmation to support this Constitution; but no re- 
ligous test shall ever be required as a qualification to any office or 
public trust under the United States. 


ARTICLE VII. 

The ratification of the Conventions of nine States shall be sufficient 
for the establishment of this Constitution between the States so rati¬ 


fying the same. 

Done in Convention, by the unanimous consent of the States pres¬ 
ent, the seventeenth day of September, in the year of our Lord one 
thousand seven hundred and eighty-seven, and of the Independence 
of the United States of America the twelfth. In Witness whereof, wo 

have hereunto subscribed our names. GEO. WASHINGTON, 

Prcs't and Deputy from Virginia. 


NEW HAMPSHIRE. 

John Langdon, 

Nicholas Gilman. 

MAS8ACHUS T ’'.T9i 
Nathaniel Gorham, 

Rufus King. 

CONNECTICUT*, 

Wm. Sami. Johnson, 

Roger Sherman. 

NEW YORK. 

Alexander Hamilton. 

NEW JERSEY. 

Wil: Livingston, 

David Brearley, 

Wm. Paterson, 

Jona. Dayton. 

PENNSYLVANIA. 

B. Franklin, 

Thomas Mifflin, 

Robert Morris, 

Geo: Clymer, 

Tho: Fitzsimons, 

Jared Ingersoll, 

James Wilson, 

Gouv: Morris. 

Attest: 


DELAWARE. 

Geo: Read, 

Gunning Bedford, jun’r, 

John Dickinson, 

Richard Bassett, 

Jaco: Broom. 

MARYLAND. 

James McHenry, 

Dan: of St. Thos: Jenifer, 
Danl. Carroll. 

VIRGINIA. 

John Blair, 

James Madison, jr. 

NORTH CAROLINA, 

Wm. Blount, 

Rich’d Dobbs Spaight, 

Hu. Williamson. 

SOUTH CAROLINA. 

J. Rutledge, 

Charles Coatesworth Pinckney, 
Charles Pinckney, 

Pierce Butler. 

GEORGIA. 

William Few, 

Abr. Baldwin. 

WILLIAM JACKSON, Secretary, 



PROCEEDINGS 


OF THE 

CONVENTION WHICH FORMED THE CONSTITUTION 


IN CONVENTION. 

Monday, September 17, 1787. 

Rosolved, That the preceding Constitution be laid before the United 
States in Congress assembled: and that it is the opinion of this Con¬ 
vention that it should afterwards be submitted to a convention of 
delegates, chosen in each State by the people thereof, under the recom- 
mendation’of its legislature, for their assent and ratification; and that 
each convention assenting to and ratifying the same should give notice 
thereof to the United States in Congress assembled. 

Resolved , That it is the opinion of this Convention that, as soon as 
the conventions of nine States shall have ratified this Constitution, 
the United States in Congress assembled should fix a day on which 
electors should be appointed by the States which shall have ratified 
the same, and a day on which electors should assemble to vote for the 
President, and the time and place for commencing proceedings under 
this Constitution; that after such publication, the electors should be 
appointed, and the Senators and Representatives elected; that the 
electors should meet on the day fixed for the election of the President, 
and should transmit their votes, certified, signed, sealed, and directed, 
as the Constitution requires, to the Secretary of the United States in 
Congress assembled; that the Senators and Representatives should 
convene at the time and place assigned; that the Senators should 
appoint a President of the Senate, for the sole purpose of receiving, 
opening, and counting the votes for President; and that, after he shall 
be chosen, the Congress, together with the President, should, without 
delay, proceed to execute this Constitution. 

By the unanimous order of the Convention: 

GEO: WASHINGTON, President. 


William Jackson, Secretary. 



92 


CONSTITUTION OF UNITED STATES. 


LETTER OF CONVENTION TO THE OLD CONGRESS. 


IN CONVENTION. 

September 17, 1787. 

Sir: —We have now the honor to submit to the consideration of the 
United States in Congress assembled, that Constitution which has ap- 
jieared to us the most advisable. 

The friends of our country have long seen and desired that the 
power of making war, peace, and treaties; that of levying money, 
and regulating commerce, and the correspondent executive and ju¬ 
dicial authorities, should be fully and effectually vested in the General 
Government of the Union ; but the impropriety of delegating such 
extensive trust to one body of men is evident; hence results the ne¬ 
cessity of a different organization. 

It is obviously impracticable in the federal government of these 
States to secure all rights of independent sovereignty to each, and yet 
provide for the interest and safety of all. Individuals entering into 
society must give up a share of liberty to preserve the rest. The mag¬ 
nitude of the sacrifice must depend as well on situation and circum¬ 
stance as on the object to be obtained. It is at all times difficult to 
draw with precision the lino between those rights which must be sur¬ 
rendered and those which may be reserved; and on the present occa¬ 
sion, this difficulty was increased by a difference among the several 
States as to their situation, extent, habits, and particular interests. 

In all our deliberations on this subject, we kept steadily in our view 
that which appears to us the greatest interest of every true Ameri¬ 
can—the consolidation of our Union—in which is involved our pros- 
perty, felicity, safety, perhaps our national existence. This important 
consideration, seriously and deeply impressed on our minds, led each 
State in the Convention to be less rigid on points of inferior magni¬ 
tude than might have been otherwise expected ; and thus the Constitu¬ 
tion which we now present is the result of a spirit of amity, and of 
that mutual deference and concession which the peculiarity of our 
political situation rendered indispensable. 



CONSTITUTION OF UNITED STATES. 


03 


That it will meet the full anti entire approbation of every State 
is not, perhaps, to be expected ; but each will doubtless consider that, 
had her interests been alone consulted, the consequences might have 
been particularly disagreeable or injurious to others. That it is lia¬ 
ble to as few exceptions .as could reasonably have been expected, we 
hope and believe. That it may promote the lasting welfare of that 
country so dear to us all, and secure her freedom and happiness, is our 
most ardent wish. 

With great respect, we have the honor to be, Sir, your excellency’s 
most obedient, humble servants. 

By unanimous order of the Convention. 

GEO. WASHINGTON, President. 

Ilis Excellency the President of Congress. 


PROCEEDINGS IN THE OLD CONGRESS. 


UNITED STATES IN CONGRESS ASSEMBLED. 

Friday, September 28, 1787. 

Present —New Hampshire, Massachusetts, Connecticut, New York, 
New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South 
Carolina, and Georgia; and from Maryland, Mr. Ross. 

Congress having received the report of the Convention lately assem¬ 
bled in Philadelphia— 

Resolved , unanimously , That the said report, with the resolutions and 
letter accompanying the same, be transmitted to the several legisla¬ 
tures, in order to be submitted to a convention of delegates chosen in 
each State by the people thereof, in conformity to the resolves of the 
Convention made and provided in that case. 

CHARLES THOMPSON, Secretary. 































































• 









• 




1 














































































































AMENDMENTS 


ARTICLE I. 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press; or the right of the people peaceably to as¬ 
semble, and to petition the Government for a redress of grievances. 

ARTICLE II. 

A well regulated Militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be in¬ 
fringed. 


ARTICLE I IT. 

No soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, but in a manner 
to be prescribed by law. 


ARTICLE IV. 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated, and no warrant shall issue but upon probable cause, sup¬ 
ported by oath or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise in¬ 
famous crime, unless on a presentment or indictment of a Grand Jury, 
except in cases arising in the land or naval forces, or in the militia, 
when in actual service in time of war or public danger; nor shall any 
person be subject for the same offence to be twice put in jeopardy of 




96 


CONSTITUTION OF UNITED STATES. 


life or limb ; nor shall be compelled in any criminal case to be a wit¬ 
ness against himself, nor be deprived of life, liberty, or property, 
without due process of law ; nor shall private property be taken for 
public use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which district 
shall have been previously ascertained by law, and to be informed of 
the nature and cause of the accusation ; to be confronted with the wit¬ 
nesses against him; to have compulsory process for obtaining wit¬ 
nesses in his favor, and to have the assistance of counsel for his 
defence. 


ARTICLE VII. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any 
Court of the United States, than according to the rules of the common 
law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights, shall not be 
construed to deny or disparage others retained by the people. 

ARTICLE X. 

r 

The powers not delegated to tha United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States respect¬ 
ively, or to the people. 


ARTICLE XI. 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another State, or by citizens 
or subjects of any foreign State. 


CONSTITUTION OF UNITED STATES. 


97 


ARTICLE XII. 

Tlie Electors shall meet in their respective States, and vote by ballot 
for President and Vice President, one of whom, at least, shall not be 
an inhabitant of the same State with themselves; they shall name in 
their ballots the person voted for as President, and in distinct ballots 
the person voted for as Vice President, and they shall make distinct 
lists of all persons voted for as President, and of all persons voted for 
as Vice President, and of the number of votes for each, which lists 
they shall sign and certify, and transmit sealed to the seat of Gov¬ 
ernment of the United States, directed to the President of the Sen¬ 
ate :—The President of the Senate shall, in the presence of the Senate 
and House of Representatives, open all the certificates, and the votes 
shall then be counted. The person having the greatest number of 
votes for President, shall be the President, if such number be a major¬ 
ity of the whole number of Electors appointed; and if no person 
have such majority, then from the persons having the highest numbers, 
not exceeding three, on the list of those voted for as President, the 
House of Representatives shall choose immediately by ballot the Presi¬ 
dent. But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote; a quorum for 
this purpose shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose a President, 
whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice President shall act 
as President, as in the case of the death or other constitutional disa¬ 
bility of the President. The person having the greatest number of 
votes as Vice President, shall be the Vice President, if such number 
be a majority of the whole number of electors appointed; and if no 
person have a majority, then, from the two highest numbers on the 
list, the Senate shall choose the Vice President; a quorum for the pur¬ 
pose shall consist of two-thirds of the whole number of Senators, and 
a majority of the whole number shall be necessary to a choice. But 
no person constitutionally ineligible to the office of President, shall 
be eligible to that of Vice President of the United States. 

A resolution submitting to the Legislatures of the 
several States a proposition to amend the Constitution 
of the United States: 

Resolved. By the Senate and House of Representatives of the 
United States of America in Congress assembled, two-thirds of both 
Houses concurring, that the following article be proposed to the Legis- 

7 


98 


CONSTITUTION OF UNITED STATES 


laturcs of the several States, as an amendment to the Constitution of 
the United States which, when ratified by three-fourths of each Legis¬ 
lature, shall be valid to all intents and purposes as a part of said Con¬ 
stitution, namely: 


ARTICLE XIII. 

Section 1. Neither slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party shall have been duly con¬ 
victed, shall exist within the United States, or any place subject to 
their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article by appro¬ 
priate legislation. 

Approved, February 1, 1865. 


HISTORY OF THE AMENDMENTS. 


The first ten of these amendments belong together 
and passed both Houses of the First Congress of its 
first session, March 4th, 1789. The eleventh and 
twelfth belong to this scries, but they failed to be rati¬ 
fied by a sufficient number of States. 

“The series of ten amendments, like the Constitu¬ 
tion, was nearly two years in being adopted. To Rhode 
Island, Maryland, Virginia, South and North Carolina, 
the whole twelve were accepted—but Delaware objected 
to the first, Pennsylvania to the first and second, and 
New York, New Hampshire, and New Jersey to the 
second, and these, consequently, fell through.” 

Massachusetts, Connecticut, and Georgia made no 
returns. 

The eleventh amendment qualifies the Judicial .power 
of the United States. 

This amendment was proposed to the country by the 
Third Congress at its first session, Dee. 2d, 1793. 

At the second session of this Congress favorable re¬ 
turns had been received only from New York, New 
Hampshire, Vermont, Massachusetts, Georgia, and 
Delaware. 

During the first session of the Fourth Congress, 
Rhode Island and North Carolina made similar returns 
on this amendment. 



100 


HISTORY OF AMENDMENTS. 


At the second session of this Congress, on the second 
of March, 1797, a Joint Resolution was passed—and 
the same day approved by President Washington— 
which reads as follows : 

“ That the President be requested to adopt some speedy 
and effectual means of obtaining information from the 
States of Connecticut , Neiv Jersey , Pennsylvania , Mary - 
land , Virginia , Kentucky , Tennessee , and South Carolina , 
whether they have ratified the amendment proposed by 
Congress to the Constitution , concerning the suability of 
States—if they have to obtain the proper evidence 
thereof ” 

“ The Fifth Congress was informed by President 
Adams, at its first session, Jan. 8th, 1798, that Con¬ 
necticut, Maryland, Virginia, and Kentucky had ratified 
the amendment, New Jersey and Pennsylvania had 
failed to do so. South Carolina had taken no definitive 
action, and Tennessee—which had been admitted to the 
Union in the interval succeeding the passage of the 
amendment—had not been heard from.” 

Little interest seems to have been felt for this amend¬ 
ment, requiring as it did, four years to obtain the sense 
of sixteen States, and to secure the ratification of 
twelve. 

The twelfth amendment was ratified within six 
months. This result was hastened by reason of the 
amendment containing* instructions which were de¬ 
signed to apply to a Presidential election then imminent. 
Vermont, Rhode Island, New York, New Jersey, Penn¬ 
sylvania, Maryland, Virginia, South Carolina, North 
Carolina, Georgia, Ohio, Kentucky and Tennessee 
promptly ratified this amendment—they constituting the 
required number, thirteen out of seventeen.- 


HISTORY OF AMENDMENTS. 


101 


New Hampshire, Massachusetts, Connecticut, and 
Delaware, “either purposely or neglectfully,' tarried 
behind.” 

The thirteenth amendment was proposed to the 
country by the Thirty-eighth Congress Feb. 1st, 1864 , 
and was nearly eleven months in being ratified. 

This amendment passed Congress Feb. 1 st, I860, by 


the following vote: 

IN THE SENATE^ 

For the Amendment—Unionists. 36 

Opposition. 2 

Total. 38 

Against the Amendment—All Opposition. 6 

Not voting—Opposition. 5 

Unionists. 1 

IN THE HOUSE. 

For the Amendment—Unionists. 103 

Opposition. lb 

Total. 119 

Against the Amendment—All Opposition. 5G 

Not voting—All Opposition. 8 


The State Legislatures ratified this amendment, in 
the following order, and time: 

18G5 1805 


Illinois.February 1st 

Rhode Island.February 2d 

Michigan..‘.February 2d 

New York.February 8 d 

Maryland.February 3d 

Massachusetts.February 3d 

Pennsylvania.February 3d 

West Virginia.February 8 d 

Maine.February 7th 

Ohio.February 8 th 

Kansas.February 8 th 

Minnesota.February 8 th 

Virginia.February 9th 

Indiana.February 13th 

Nevada.February 16th 


Louisiana.February 17th 

Wisconsin.February 21st 

Missouri.February 24th 

Vermont.March 9th 

Arkansas.April 6 th 

Connecticut.May 4th 

New Hampshire.June 30th 

South Carolina.November 13th 

North Carolina.December 1st 

Alabama.December 2d 

Georgia.December 6 th 

Oregon.December llth 

California.December 18th 

New Jersey.March, 1866 

Tennessee.April 5th, 1866 


It will thus be seen, that thirty States ratified the 
thirteenth amendment. It was rejected by Delaware 
and Kentucky. 











































102 


HISTORY OF AMENDMENTS. 


The Federal Constitution does not specify how, or by 
whom, the announcement shall be made of the adoption 
of these amendments. 

The first ten required no formal announcement. 

The Joint Resolution of Congress, calling upon Pres¬ 
ident Washington for information concerning the fate 
of the eleventh, no doubt brought out the following 
formal announcement from his successor, President 
Adams: 

“ Gentleman of the Senate, and Gentlemen of the House 

of Representatives: 

I have an opportunity of transmitting to Congress a 
report of the Secretary of State, with the copy of an 
act of the Legislature of the State of Kentucky, con¬ 
senting to the ratification of the amendment of the 
Constitution of the United States proposed by Con¬ 
gress in their resolution of the second day of Decem¬ 
ber, 1793, relative to the suability of States. This 
amendment having been adopted by three-fourths of 
the several States may now be declared to be a part of 
the Constitution of the United States/’ 

United States, January 8th, 1798. JOHN ADAMS. 

“Notice was given of the adoption of the twelfth 
amendment, September 25th, 1804, by James Madison, 
pursuant to the provisions of an act passed in conjunc¬ 
tion with the amendment, which instructed the Secre¬ 
tary of State forthwith to “.cause a notification thereof 
to be made to the Executive of every State,” and to 
“cause the same to be published in at least one of the 
newspapeis printed in each State in which the laws of 
the United States are annually published.” 

Secretary Seward’s proclamation of December 18th, 
1865, will be found in exact compliance with the second 


HISTORY OF AMENDMENTS. 


103 


section of the act of April 20th, 1818, to which he re¬ 
fers, which reads as follows: 

“ Whenever official notice shall have been received at 
the Department of State that any amendment which 
heretofore has been, or hereafter may be proposed to the 
Constitution of the United States, has been adpoted, 
according to the provisions of the Constitution, it shall 
be the duty of the said Secretary of State, forthwith, 
to cause the said amendment to be published in the 
said newspapers authorized to promulgate the laws, 
with his certificate specifying the States by which the 
same may have been adopted, and that the same has 
become valid to all intents and purposes as a part of the 
Constitution of the United States.” 

There is no limit to the time for the ratification of an 
amendment. Their validity does not depend upon the 
“ official seal,” for it will be seen that it attaches merely 
to the Secretary’s certificate, that if adopted by the 
States it is a part of the Constitution. In other words, 
an amendment cannot die, rathfcr “it may walk the 
earth like Ahasuerus, safe at least from any legal 
quietus, never losing a friend, and waiting patiently for 
the conversion of its enemies, until the tally of its sup¬ 
porters is full.” 



A. £ 



























































































I 








CONSTITUTION 

OF THE 

STATE OF INDIANA. 


PREAMBLE. 

To the end, that justice be established, public order maintained, and 
liberty perpetuated: We, the people of the State of Indiana, grate¬ 
ful to Almighty God for the free exercise of the right to choose our 
own form of government, do ordain this Constitution. 

ARTICLE I. 

BILL OF RIGHTS* 

Section 1. W r e declare, That all men are created equal; that they 
are endowed by their Creator with certain unalienable rights; that 
among these are life, liberty, and the pursuit of happiness; that all 
power is inherent in the people; and that all free governments are, 
and of right ought to be, founded on their authority, and instituted for 
their peace, safety, and well being. For the advancement of these 
ends, and at all times, the people have an indefeasible right to alter 
and reform their government. 

Sec. 2. All men shall be secured in their natural right to worship 
Almighty God, according to the dictates of their own consciences. 

Sec. 8 . No law shall, in any case whatever, control the free exer¬ 
cise and enjoyment of religious opinions, or interfere with the rights of 
conscience. 

Sec. 4. No preference shall be given, by law, to any creed, re¬ 
ligious society, or mode of worship; and no man shall be compelled 
to attend, erect, or support any place of worship, or to maintain any 
ministry, against his consent. 

Sec. 5. No religious test shall be required, as a qualification for 
any office of trust or profit. 



110 


CONSTITUTION OF INDIANA. 


Sec. G. No money shall be drawn from the treasury for the benefit 
of any religious or theological institution. 

Sec. 7. No person shall be rendered incompetent as a witness, in 
consequence of his opinion on matters of religion. 

Sec. 8. The mode of administering an oath or affirmation, shall be 
such as may be most consistent with, and binding upon, the conscience 
of the person to whom such oath or affirmation may be administered. 

Sec. 9. No law shall be passed restraining the free interchange of 
thought and opinion, or restricting the right to speak, write, or print, 
freely, on any subject, whatever; but for the abuse • of that right 
every person shall be responsible. 

Sec. 10. In all prosecutions for libel, the truth of the matters al¬ 
leged to be libellous may be given in justification. 

Sec. 11. The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable search or seizure 
shall not be violated, and no warrant shall issue, but upon probable 
cause, supported by oath or affirmation, and particularly describing 
the place to be searched, and the person or thing to be seized. 

Sec. 12. All courts shall be open; and every man, for injury done 
to him, in his person, property, or reputation, shall have remedy by 
due course of law. Justice shall be administered freely, and without 
purchase; completely, and without denial; speedily, and without 
delay. 

Sec. 18. In all criminal prosecutions the accused shall have the 
right to a public trial, by an impartial jury, in the county in which 
the offense shall have been committed; to be heard by himself and 
counsel; to demand the nature and cause of the accusation against 
him, and to have a copy thereof; to meet the witnesses face to face, 
and to have compulsory process for obtaining witnesses in his favor. 

Sec. 14. No person shall be put in jeopardy twice for the same 
offense. No person, in any criminal prosecution, shall be compelled 
to testify against himself. 

Sec. 15. No person arrested, or confined in jail shall be treated 
with unnecessary rigor. 

Sec. 10. Excessive bail shall not be required. Excessive fines 
shall not be imposed. Cruel and unusual punishment shall not be 
inflicted. All penalties shall be proportioned to the nature of the 
offense. 

Sec. 17. Offenses, other than murder and treason, shall be bailable 
by sufficient sureties. Murder or treason shall not be bailable, when 
the proof is evident or the presumption strong. 

Sec. 18. The penal code shall be founded on the principles of 
reformation, and not of vindictive justice. 


CONSTITUTION OF INDIANA. 


Ill 


Sec. 10. Iu all criminal cases whatever, the jury shall have the 
right to determine the law and the facts. 

Sec. 20. Iu all civil cases the right of trial by jury shall remain 
inviolate. 

Sec. 21. No man’s particular services shall be demanded without 
just compensation. No man’s property shall be taken by law, without 
just compensation; nor, except in case of the State, without such 
compensation first assessed and tendered. 

Sec. 22. The privilege of the debtor to enjoy the necessary com¬ 
forts of life, shall be recognized by wholesome laws, exempting a 
reasonable amount of property from seizure or sale for the payment 
of any debt or liability hereafter contracted; and there shall be no 
imprisonment for debt except in case of fraud. 

Sec. 23. The General Assembly shall not grant to any citizen, or 
class of citizens, privileges or immunities which, upon the same 
terms, shall not equally belong to all citizens. 

Sec. 24. No ex post facto law, or law impairing the obligation of 
contract, shall ever be passed 

Sec. 25. No law shall be passed, the taking effect of which shall 
be made to depend upon any authority, except as provided in this 
Constitution. 

Sec. 26. The operation of the laws shall never be suspended, 
except by authority of the General Assembly. 

Sec. 27. The privilege of the writ of habeas corpus shall not be 
suspended, except in case of rebellion or invasion, and then only if 
the public safety demand it. 

Sec. 28. Treason against the State-shall consist only in levying 
war against it, and in giving aid and comfort to its enemies. 

Sec. 29. No person shall be convicted of treason, except on the 
testimony of two witnesses to the same overt act, or upon his confes¬ 
sion in open court. 

Sec. 30. No conviction shall work corruption of blood, or for¬ 
feiture of estate. 

Sec. 31. No law shall restrain any of the inhabitants of the State 
from assembling together in a peaceable manner, to consult for their 
common good; nor from instructing their representatives; nor from 
applying to the General Assembly for redress of grievances. 

Sec. 32. The people have a right to bear arms, for the defense of 
themselves and the State. 

Sec. 33. The military shall be kept in strict subordination to the 
civil power. 


112 


CONSTITUTION OF INDIANA. 


Sec. 84. No soldier shall, in time of peace, he quartered in any 
house without the consent of the owner; nor, in time of war, hut in a 
manner to he prescribed hy law. 

Sec. 85. The General Assembly shall not grant any title of 
nobility, or confer hereditary distinctions. 

Sec. 8G. Emigration from the State shall not he prohibited. 

Sec. 37. There shall he neither slavery nor involuntary servitude, 
within the State, otherwise than for the punishment of crime, 
whereof the party shall have been duly convicted. No indenture of 
any Negro or Mulatto, made and executed out of the hounds of the 
State, shall he valid within the State. 

ARTICLE II. 

SUFFRAGE AND ELECTION. 

Section 1. All elections shall he free and equal. 

Sec. 2. In all elections not otherwise provided for hy this Con¬ 
stitution, every white male citizen of the United States, of the age of 
twenty-one years and upwards, who shall have resided in the State 
during the six months immediately preceding such election; and 
every white male, of foreign birth, of the age of twenty-one years 
and upwards, who shall have resided in the United States one year, 
and shall have resided in this State during the six months immedi¬ 
ately preceding such election, and shall have declared his intention 
to become a citizen of the United States, conformably to the laws of 
the United States on the subject of naturalization, shall he entitled 
to vote in the township or precinct where he may reside. 

Sec. 8 . No soldier, seaman, or marine, in the army or navy of 
the United States, or their allies, shall he deemed to have required a 
residence in the State in consequence of having been stationed within 
the same; nor shall any such soldier, seaman, or marine have the 
right to vote. 

Sec. 4. No person shall be deemed to have lost his residence in the 
State hy reason of his absence, either on business of the State or of 
the United States. 

Sec. 5. No Negro or Mulatto shall have the right of suffrage. 

Sec. G. Every person shall he disqualified from holding office dur¬ 
ing the term for which he may have been elected, who shall have 
given or offered a bribe, threat, or reward, to procure his election. 

Sec. 7. Every person who shall give or accept a challenge to fight 
a duel, or who shall knowingly carry to another person such chal¬ 
lenge, or who shall agree to go out of the State to fight a duel, shall be 
ineligible to any office of trust or profit. 


CONSTITUTION OF INDIANA. 


113 


Sec. 8. The General Assembly shall have power to deprive of the 
right of suffrage, and to render ineligible any person convicted of an 
infamous crime. 

Sec. 9. No person holding a lucrative office or appointment under 
the United States, or under this State, shall be eligible to a scat in 
the General Assembly; nor shall any person hold more than one 
lucrative office at the same time, except as this Constitution expressly 
permitted: Provided, that officers in the militia, to which there is 
attached no annual salary, and the office of Deputy Tost Master, 
where the compensation docs not exceed ninety dollars per annum, 
shall not be deemed lucrative: And Provided, also, that counties con¬ 
taining less than one thousand polls, may confer the office of Clerk, 
Recorder, and Auditor, or any two of said offices, upon the same 
person. 

Sec. 10. No person who may hereafter be a collector or holder of 
public moneys, shall be eligible to any office of trust or profit, until he 
shall have accounted for, and paid over, according to law, all sums for 
which lie may be liable. 

Sec. 11. In all cases in which it is provided that an office shall 
not be filled by the same person more than a certain number of years 
continuously, an appointment pro tempore shall not be reckoned a part 
of that tenn. 

Sec. 12. In all cases, except treason, felony, and breach of the 
peace, electors shall be free from arrest, in going to elections, during 
their attendance there, and in returning from the same. 

Sec. 13. All elections by the people shall be by ballot; and all 
elections by the General Assembly, or by either branch thereof, shall 
be viva voce . 

Sec. 14 All general elections shall be held on the second Tuesday 
in October. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

Section 1. The powers of the Government are divided into three 
separate departments: the Legislative, the Executive, including the 
Administrative, and the Judicial; and no person, charged with 
official duties under one of these departments, shall exercise any of 
the functions of another, except as in this Constitution expressly 
provided. 

ARTICLE IV. 

LEGISLATIVE. 

Section 1. The Legislative authority of the State shall be-vested 
in the General Assembly, which shall consist of a Senate and House 

8 


114 


CONSTITUTION OF INDIANA. 


of Representatives. The style of every law shall be: 11 Be it enacted 
by the General Assembly of the State of Indiana;” and no law shall 
be enacted, except by bill. 

Sec. 2. The Senate shall not exceed fifty, nor the House of Repre¬ 
sentatives one hundred members; and they shall be chosen by the 
electors of the respective counties or districts, into which the State 
may, from time to time, be divided. 

Sec. 3. Senators shall be elected for the term of four years, and 
Representatives for the term of two years, from the day next after 
their general election: Provided , however , that the Senators elect, at 
the second meeting of the General Assembly under this Constitution, 
shall be divided, by lot, into two equal classes, as nearly as may be; 
and the seats of Senators of the first class shall be vacated at the 
expiration of two years, and those of the second class at the expira¬ 
tion of four years; so that one-lialf, as nearly as possible, shall be 
chosen biennially forever thereafter. And in case of increase in the 
number of Senators, they shall be so annexed, by lot, to one or the 
other of the two classes, as to keep them as nearly equal as prac¬ 
ticable. 

Sec. 4. The General Assembly shall, at its second session after 
the adoption of this Constitution, and every six years thereafter, 
cause an enumeration to be made of all the white male inhabitants 
over the age of twenty-one years. 

Sec. 5. The number of Senators and Representatives shall, at the 
session next following each period of making such enumeration, be 
fixed by law, and apportioned among the several counties, according 
to the number of white male inhabitants, above twenty-one years of 
age, in each : Provided , that the first and second elections of members 
of the General Assemby under this Constitution, shall be according to 
the apportionment last made by the General Assembly, before the 
adoption of this Constitution. 

Sec. 6. A Senatorial or Representative district, where more than 
one county shall constitute a district, shall be composed of contiguous 
counties; and no county, for Senatorial apportionment, shall ever be 
divided. 

Sec. 7. No person shall be a Senator or a Representative, who, at 
the time of his election, is not a citizen of the United States; nor 
any one who has not been, for two years next preceeding his election, 
an inhabitant of this State, and, for one year next preceeding his 
election, an inhabitant of the county or district whence he may be 
chosen. Senators shall be at least twenty-five, and Representatives 
at least twenty-one years of age 


CONSTITUTION OF INDIANA. 115 

Sec. 8 Senators and Representatives, in all cases except treason, 
felony, and breach of the peace, shall be privileged from arrest, 
during the session of the General Assembly, and in going to and re¬ 
turning from the same; and shall not be subject to any civil process, 
during the session of the General Assembly, nor during the fifteen 
days, next before the commencement thereof. For any speech or 
debate in either House, a member shall not be questioned in any 
other place. 

Sec. 9. The sessions of the General Assembly shall be held bien¬ 
nially at the capital of the State, commencing on the Thursday next 
after the first Monday of January, in the year one thousand eight 
hundred and fifty-three, and on the same day of every second year 
thereafter, unless a different day or place shall have been appointed 
by law. But if, in the opinion of the Governor, the public welfare 
shall require it, he may, at any time, by proclamation, call a special 
session. 

Sec. 19. Each House, when assembled, shall choose its own officers 
(the President of the Senate excepted,) judge the elections, qualifica¬ 
tions and returns of its own members, determine its rules of pro¬ 
ceeding, and sit upon its own adjournment. But neither House shall, 
without the consent of the other, adjourn for more than three days> 
nor to any place other than that in which it may bo sitting. 

Sec. 11. Two-thirds of each House shall constitute a quorum to 
do business; but a smaller number may meet, adjourn from day to 
day, and compel the attendance of absent members. A quorum being 
in attendance, if either House fail to effect an organization within 
the first five days thereafter, the members of the House so failing, 
shall be entitled to no compensation, from the end of the said five 
days, until an organization shall have been effected. 

Sec. 12. Each House shall keep a journal of its proceedings, and 
publish the same. The yeas and nays, on any question, shall, at the 
request of any two members, be entered, together with the names of 
the members demanding the same, on the journal: Provided , that on 
a motion to adjourn, it shall require one-tenth of the members present 
to order the yeas and nays. 

Sec. 13. The doors of each House, and of Committees of the 
Whole, shall be kept open, except in such cases, as, in the opinion of 
either House, may require secrecy. 

Sec. 14. Either House may punish its members, for disorderly 
behavior, and may, with the concurrence of two-thirds, expel a mem¬ 
ber; but not a second time for the same cause. 

Sec. 15. Either House, during its session, may punish, by impris¬ 
onment, any person not a member, who shall have been guilty of 




110 


CONSTITUTION OF INDIANA. 


disrespect to the House, by disorderly or contemptuous behavior in 
its presence; but such imprisonment shall not at any time exceed 
twenty-four hours. 

Sec. 1 G. Each House shall have all powers necessary for a branch 
of the legislative department of a free and independent State. 

Sec. 17. Bills may originate in either House, but may be amended 
or rejected in the other, except that bills for raising revenue shall 
originate in the House of Representatives. 

Sec. 18. Every bill shall be read by sections, on three several 
days in each House; unless, in case of emergency, two-thirds of the 
House where such bill may be depending shall, by a vote of yeas and 
nays, deem it expedient to dispense with this rule; but the reading of 
a bill by sections, on its final passage, shall, in no case, be dispensed 
with; and the vote on the passage of every bill or joint resolution 
shall be taken by yeas and nays. 

Sec. 19. Every act shall embrace but one subject and matters 
properly connected therewith; which subject shall be expressed in the 
title. But if any subject shall be embraced in an act, which shall not 
be expressed in the title, such act shall be void only as to so much 
thereof as shall not be expressed in the title. 

Sec. 20. Every act and joint resolution shall be plainly worded, 
avoiding, as far as practicable, the use of technical terms. 

Sec. 21. No act shall ever be revised or amended by mere reference 
to its title; but the act revised, or section amended, shall be set forth 
and published at full length. 

Sec. 22. The General Assembly shall not pass local or special 
laws, in any of the following enumerated cases, that is to say : 

Regulating the jurisdiction and duties of justices of the peace and 
of constables; 

For the punishment of crimes and misdemeanor^; 

Regulating the practice in the courts of justice; 

Providing for changing the venue in civil and criminal cases; 

Granting divorces; 

Changing the names of persons; 

For laying out, opening and working on, highways, and for the 
election or appointment of supervisors; 

Yacating roads, town plats, streets, alleys, and public squares; 

Summoning and empanneling grand and petit jurors, and provid¬ 
ing for their compensation; 

Regulating county and township business; 

Regulating the election of county and township officers, and their 
compensation; 


CONSTITUTION OF INDIANA. 


117 


For tlio assessment and collection of taxes for State, county, town¬ 
ship or road purposes; 

Providing for supporting common schools, and for the preservation 
of school funds.; 

In relation to fees or salaries; 

In relation to interest on money ; 

Providing for opening amd conducting elections of State, county, or 
township officers, and designating the places of voting. 

Providing for the sale of real estate belonging to minors or other 
persons laboring under legal disabilities, by executors, administrators, 
guardians, or trustees. 

Sec. 23. In all cases enumerated in the preceding section, and in 
all other cases where a general law can be made applicable, all laws 
shall be made general, and of uniform operation throughout the 
State. 

Sec. 24. Provision may be made, by general law, for bringing suit 
against the State, as to all liabilities originating after the adoption of 
this Constitution; but no special act authorizing such suit to be 
brought, or making compensation to any person claiming damages 
against the State, shall ever be passed. 

Sec. 25. A majority of all the members elected to each House, 
shall be necessary to pass every bill or joint resolution; and all bills 
and joint resolutions so passed, shall bo signed by the presiding officers 
of the respective Houses. 

Sec. 20. Any member of cither House shall have the right to pro¬ 
test, and to have his protest, with his reasons for dissent, entered on 
the Journal. 

Sec. 27. Every statute shall be a public law, unless otherwise 
declared in the statute itself. 

Sec. 28. No act shall take effect until the same shall have been 
published and circulated in the several counties of this State, by 
authority, except in case of emergency; which emergency shall be 
declared in the preamble, or in the body of the law. 

Sec. 29. The members of the General Assembly shall receive for 
their services a compensation, to be fixed by law; but no increase of 
compensation shall take effect during the session at which such in¬ 
crease may be made. No session of the General Assembly, except the 
first under this Constitution, shall extend beyond the term of sixty- 
one days, nor any special session beyond the term of forty days. 

Sec. 30. No Senator or Representative shall, during the term for 
which he may have bven elected, be eligible to any office, the election to 
which is vested in the General Assembly; nor shall lie be appointed 
to any civil office of profit, which shall have been created, or the 


118 


CONSTITUTION OF INDIANA. 


emoluments of which shall have been increased, duringi such term; 
but tliis latter provision shall not be construed to apply to any office 
elective by the people. 


ARTICLE V. 

EXECUTIVE. 

Section 1. The executive powers of the State shall be vested in a 
Governor. He shall hold liis office during four years, and shall not be 
eligible more than four years in any period of eight years. 

Sec. 2. There shall be a Lieutenant Governor, who shall hold his 
office during four years. 

Sec. 3. The Governor and Lieutenant Governor shall be elected at 
the times and places of choosing members of the General Assembly. 

Sec. 4. In voting for Governor and Lieutenant Governor the elec¬ 
tors shall designate for whom they vote as Governor, and for whom as 
Lieutenant Governor. The returns of every election for Governor and 
Lieutenant Governor, shall be sealed up and transmitted to the seat of 
government, directed to the Speaker of the House of Representatives, 
who shall open and publish them in the presence of both Houses of 
the General Assembly. 

Sec. 5. The person, respectively, having the highest number of 
votes for Governor and Lieutenant Governor, shall be elected; but in 
case two or more persons shall have an equal, and the highest number 
of votes for either office, the General Assembly shall, by joint ballot, 
forthwith proceed to elect one of the said persons Governor or Lieuten¬ 
ant Governor, as the case may be. 

Sec. G. Contested elections for Governor and Lieutenant Governor 
shall be determined by the General Assembly, in such manner as may 
bo prescribed by law. 

Sec. 7. No person shall be eligible to the office of Governor or 
Lieutenant Governor, who shall not have been five years a citizen of 
the United States, and also a resident of the State of Indiana during 
the five yeai’S next preceding his election; nor shall any person be 
eligible to either of the said offices who shall not have attained the age 
of thirty years. 

Sec. 8. No member of Congress, or person holding any office under 
the United States, or under this State, shall fill the office of Governor 
or Lieutenant Governor. 

Sec. 9. The official term of the Governor and Lieutenant Gover¬ 
nor, shall commence on the second Monday in January, in the year 
one thousand eight hundred and fifty-three; and on the same day 
every fourth year thereafter. 


CONSTITUTION OP INDIANA. 


119 


Sec. 10. In case of the removal of the Governor from office, or of 
his death, resignation, or inability to discharge the duties of the 
office, the same shall devolve on the Lieutenant Governor; and the 
General Assembly shall, by law, provide for the case of removal from 
office, death, resignation, or inability, both of the Governor and Lieu¬ 
tenant Governor, declaring what officer shall then act as Governor; 
and such officer shall act accordingly, until the disability be removed 
or a Governor elected. 

Sec. 11. Whenever the Lieutenant Governor shall act as Governor, 
or shall be unable to attend as President of the Senate, the Senate 
shall elect one of its own members as President for the occasion. 

Sec. 12. The Governor shall be commander-in-chief of the mil¬ 
itary and naval forces, and may call out such forces, to execute the 
laws, or to suppress insurrection or to repel invasion. 

Sec. 13. He shall, from time to time, give to the General Assembly 
information touching the affairs of the State, and recommend such 
measures as he shall judge to be expedient. 

Sec. 14. Every bill which shall have passed the General Assembly, 
shall be presented to the Governor; if he approve, he shall sign it; 
but if not, he shall return it, with his objections, to the House in 
which it shall have originated; which House shall enter the objec¬ 
tions, at large, upon its journals, and proceed to reconsider the bill. 
If, after such reconsideration, a majority of all the members elected 
to that House, shall agree to pass the bill, it shall be sent, with the 
Governor’s objections, to tho other House, by which it shall likewise 
be reconsidered; and, if approved by a majority of all the members 
elected to that House, it shall be a law. If any bill shall not be 
returned by the Governor within three days, Sundays excepted, after it 
shall have been presented to him, it shall be a law without his signature, 
unless flie general adjournment shall prevent its return; in which 
case it shall be a law, unless the Governor, within five days next after 
such adjournment, shall file such bill, with his objections thereto, in 
the office ot Secretary of State; who shall lay tho same before the 
General Assembly, at its next session, in like manner as if it had 
been returned by tho Governor. But no bill shall be presented to the 
Governor within two days next previous to the final adjournment of 
the General Assembly. 

Sec. 15. The Governor shall transact all necessary business with 
the officers of government, and may require any information, in 
writing, from the officers of the administrative department, upon any 
subject relating to the duties of their respective offices. 

Sec. 16. He shall take care that the laws be faithfully executed. 


120 


CONSTITUTION OF INDIANA. 


Sec. 17. lie shall have the power to grant reprieves, commuta¬ 
tions, and pardons, after conviction, for all offenses except treason 
and cases of impeachment, subject to such regulations as may be 
provided by law. Upon conviction for treason, he shall have power 
to suspend the execution of the sentence until the case shall be 
reported to the General Assembly at its next meeting; when the 
General Assembly shall either grant a pardon, commute the sentence, 
direct the execution of the sentence, or grant a further reprieve. He 
shall have power to remit fines and forfeitures, under such regulations 
as may be prescribed by law; and shall report to the General Assem¬ 
bly, at its next meeting, each case of reprieve, commutation, or pardon 
granted, and also the names of all persons in whose favor remission 
of fines and forfeitures shall have been made, and the several 
amounts remitted: Provided , hoivever , That the General Assembly 
may, by law, constitute a council, to be composed of officers of State, 
without whose advice and consent the Governor shall not have power 
to grant pardons, in any case, except such as may, by law, be left to 
his sole power. 

Sec. 18. When, during a recess of the General Assembly a 
vacancy shall happen in any office, the appointment to which is 
vested in the General Assembly; or when, at any time, a vacancy 
shall have occurred in any other State office, or in the office of Judge of' 
any Court, the Governor shall fill such vacancy by appointment, 
which shall expire when a successor shall have been elected and 
qualified. 

Sec. 19. He shall issue writs of election, to fill such vacancies as 
may have occurred in the General Assembly. 

Sec. 20. Should the seat of Government become dangerous from 
disease, or a common enemy, he may convene the General Assembly 
at any other place. 

Sec. 21. The Lieutenant Governor shall, by virtue of his office, 
be President of the Senate; have a right, when in Committee of the 
Whole, to join in debate, and to vote on all subjects; and, whenever 
the Senate shall be equally divided, he shall give the casting vote. 

Sec. 22. The Governor shall, at stated times, receive for his ser¬ 
vices a compensation which shall neither be increased nor diminished 
during the term for which he shall have been elected. 

Sec. 23. The Lieutenant Governor, while he shall act as President 
of the Senate, shall receive, for his services, the same compensation as 
the Speaker of the House of Representatives; and any person acting 
as Governor shall receive the compensation attached to the office of 
Governor. 


CONSTITUTION OF INDIANA. 


121 


Sec. 24. Neither the Governor nor Lieutenant Governor shall be 
eligible for any other office, during the term for which he shall have 
been elected. 

ARTICLE VI. 

ADMINISTRATIVE. 

Section 1. There shall be elected by the voters of the State, a 
Secretary, an Auditor, and a Treasurer of State, who shall severally 
hold their offices for two years. They shall perform such duties as 
may be enjoined by law; and no person shall be eligible to either of 
said offices more than four years in any period of six years. 

Sec. 2. There shall be elected, in each county, by the voters 
thereof, at the time of holding general elections, a Clerk of the Cir¬ 
cuit Court, Auditor, Recorder, Treasurer, Sheriff, Coroner, and Sur¬ 
veyor. The Clerk, Auditor and Recorder shall continue in office four 
years; and no person shall be eligible to the office of Clerk, Recorder, 
or Auditor, more than eight years in any period of twelve years. 
The Treasurer, Sheriff, Coroner, and Surveyor, shall continue in 
office two years; and no person shall be eligible to the office of 
Treasurer or Sheriff more than four years in any period of six 
years. 

Sec. 3. Such other county and township officers as may be neces¬ 
sary, shall be elected, or appointed, in such manner as may be pre¬ 
scribed by law. 

Sec. 4. No person shall be elected or appointed as a county officer, 
who shall not be an elector of the county; nor any one who shall not 
have been an inhabitant thereof during one year next preceding his 
appointment, if the county shall have been so long organized; but if 
the county shall not have been so long organized, then within the 
limits of the county or counties, out of which the same shall have 
been taken. 

Sec. 5. The Governor, and the Secretary, Auditor and Treasurer 
of State, shall, severally, reside and keep the public records, books 
and papers, in any manner relating to the respective offices, at the 
seat of government. 

Sec. G. All county, township, and town officers, shall reside 
within their respective counties, townships and towns; and shall keep 
their respective offices at such places therein, and perform such duties, 
as may be directed by law. 

Sec. 7. All State officers shall, for crime, incapacity, or negli¬ 
gence, be liable to be removed from office, either by impeachment, by 
the House of Representatives, to be tried by the Senate, or by a joint 
resolution of the General Assembly; two-thirds of the members 
elected to each branch voting, in cither case, therefor. 


122 


CONSTITUTION OF INDIANA. 


Sec. 8 . All State, county, township and town officers may he im¬ 
peached, or removed from office, in such manner as may he pre¬ 
scribed by law. 

Sec. 9. Vacancies in county, township and town officer shall be 
filled in such manner as may be prescribed by law. 

Sec. 10. The General Assembly may confer upon the Boards 
doing county business in the several counties, powers of a local 
administrative character. 

ARTICLE VIK 

JUDICIAL. 

Section 1 . The Judicial power of the State shall be vested in a 
Supreme Court, in Circuit Courts, and in such inferior Courts as the 
General Assembly may establish. 

Sec. 2. The Supreme Court shall consist of not less than three, nor 
more than five Judges; a majority of whom shall form a quorum. 
They shall hold their offices for six years, if they so long behave well. 

Sec. 8 . The State shall bo divided into as many districts as there 
are judges of the Supreme Court; and such districts shall be formed 
of contiguous territory, as nearly equal in population, as, without 
dividing a county, the same can be made. One of said judges shall 
be elected from each district, and reside therein ; but said judge shall 
be elected by the electors of the State at large. 

Sec. 4. The Supreme Court shall have jurisdiction, co-extensive 
with the limits of the State, in appeals and writs of error, under such 
regulations and restrictions as may be prescribed by law. It shall 
also have such original jurisdiction as the General Assembly may 
confer. 

Sec. 5. The Supreme Court shall, upon the decision of every case, 
give a statement in writing of each question arising in the record of 
such case, and the decision of the Court thereon. 

Sec. G. The General Assembly shall provide, by law, for the speedy 
publication of the decisions of the Supreme Court, made under this 
Constitution; but no judge shall be allowed to report such decisions. 

Sec. 7. There shall be elected by the voters of the State a Clerk 
of the Supreme Court, who shall hold his office four years, and whose 
duties shall be prescribed by law. 

Sec. 8 . The Circuit Courts shall each consist of one judge, and 
shall have such civil and criminal jurisdiction as may be prescribed 
by law. 

Sec. 9. The State shall, from time to time, be divided into judi¬ 
cial circuits; and a judge for each circuit shall be elected by the 
voters thereof. He shall reside within the circuit, and shall hold his 
office for the term of six years, if he so long behave well. 


CONSTITUTION OF INDIANA. 


123 


Skc. 10. The General Assembly may provide by law that the 
judge of one circuit may hold the courts of another circuit, in cases 
of necessity or convenience; and in case of temporary inability of 
any judge, from sickness or other cause, to hold the courts in his cir¬ 
cuit, provision may be made, by law, for holding such courts. 

Sec. 11. There shall be elected, in each judicial circuit, by the 
voters thereof, a prosecuting attorney, who shall hold his office for 
two years. 

Sec. 12. Any judge or prosecuting attorney, who shall have been 
convicted of corruption or other high crime, may, on information in 
the name of the State, be removed from office by the Supreme Court, 
or in such other manner as may be prescribed by law. 

Sec. 13. The judges of the Supreme Court and Circuit Courts shall, 
at stated times, receive a compensation, which shall not be diminished 
during their continuance in office. 

Sec. 14. A competent number of justices of the peace shall be 
elected by the voters in each township in the several counties. They 
shall continue in office four years, and their powers and duties shall 
be prescribed by law. 

Sec. 15. All judicial officers shall be conservators of the peace in 
their respective jurisdiction. 

Sec. 16. No person elected to any judicial office, shall, during the 
term for which he shall have been elected, be eligible to any office of 
trust or profit, under the State, other than a judicial office. 

Sec. 17. The General Assembly may modify, or abolish the Grand 
Jury system. 

Sec. 18. All criminal prosecutions shall be carried on in the name, 
and by the authority of the State; and the style of all process shall 
be: ‘-The State of Indiana.” 

Sec. 19. Tribunals of conciliation may be established, with such 
powers and duties as shall be prescribed by law; or the powers and 
duties of the same may be conferred upon other courts of justice ; but 
such tribunals or other courts, when sitting as such, shall have no 
power to render judgment to be obligatory on the parties, unless they 
voluntarily submit their matters of difference, and agree to abide the 
judgment of such tribunal or court. 

Sec. 20. The General Assembly, at its first session after the 
adoption of this Constitution, shall provide for the appointment of 
three commissioners, whose duty it shall be to revise, simplify, and 
abridge the rule, practice, pleadings, and forms of the courts of jus¬ 
tice. And they shall provido for abolishing the district forms of 
action at law, now in use; and that justice shall be administered in a 
uniform mode of pleading, without distinction between law and equity. 



124 


CONSTITUTION OF INDIANA. 


And the General Assembly may, also, make it the duty of said com¬ 
missioners to reduce into a systematic code, the general statute law 
of the State; and said commissioners shall report the result of their 
labors to the General Assembly, with such recommendations and 
suggestions, as to the abridgement and amendment, as to said commis¬ 
sioners may seem necessary or proper. Provisions shall be made, by 
law, for filling vacancies, regulating the tenure of office and the com¬ 
pensation of said commissioners. 

Sec. 21. Every person of good moral character, being a voter, 
shall be entitled to admission to practice law in all courts of justice. 

ARTICLE VIII. 

EDUCATION., 

Section 1. Knowledge and learning, generally diffused throughout 
a communtty, being essential to the preservation of a free govern¬ 
ment, it shall bo the duty of the General Assembly to encourage, by 
all suitable means, moral, intellectual, scientific and agricultural im¬ 
provement ; and to provide, by law, for a general and uniform system 
of common schools, wherein tuition shall be without charge, and 
equally open to all. 

Sec. 2. The common school fund shall consist of the congressional 

i 

township fund, and the lands belonging thereto; 

The surplus revenue fund; 

The saline fund, and the lands belonging thereto; 

The bank tax fund, and the fund arising from the one hundred and 
fourteenth section of the charter of the State Bank of Indiana; 

The fund to be derived from the sale of county seminaries, and the 
moneys and property heretofore held for such seminaries; from the 
fines assessed for breaches of the penal laws of the State; and from 
all forfeitures which may accrue ; 

All lands and other estate which shall, escheat to the State for want 
of heirs or kindred entitled to the inheritance ; 

All lands that have been, or may hereafter be, granted to the State, 
where no special purpose is expressed in the grant, and the proceeds 
of the sales thereof; including the proceeds of the sales of the 
Swamp Lands, granted to the State of Indiana by the act of Con¬ 
gress on the 28th of September, 1850 r after deducting the expense of 
selecting and draining the same; 

Taxes on the property of corporations, that may be assessed by the 
General Assembly for Common School purpose. 

Sec. 3. The principal of the Common School Fund shall remain a 
perpetual fund, which may be increased, but shall never be dimin- 


CONSTITUTION OF INDIANA. 125 

islied; and the Income thereof shall be inviolably appropriated to the 
Common Schools, and to no other purpose whatever. 

Sec. 4. The General Assembly shall invest, in some safe and 
profitable manner, all such portions of the Common School Fund as 
have not heretofore been entrusted to the several counties; and shall 
make provision, by law, for the distribution, among the several coun¬ 
ties, of the interest thereof. 

Sec. 5. If any county shall fail to demand its proportion of such 
interest for Common School purposes, the same shall be re-invested 
for the benefit of such county. 

Sec. G. The several counties shall be held liable for the preserva¬ 
tion of so much of the said fund as may be entrusted to them, and 
for the payment of the annual interest thereon. 

Sec. 7. All trust funds, held by the State, shall remain inviolate, 
and be faithfully and exclusively applied to the purposes for which 
the trust was created. 

Sec. 8. The General Assembly shall provide for the election, by the 
voters of the State, of a State Superintendent of Public Instruction, 
who shall hold his office for two years, and whose duties and compen¬ 
sation shall be prescribed by law. 

ARTICLE IX. 

STATE INSTITUTIONS. 

Section - 1. It shall be the duty of the General Assembly to pro¬ 
vide, by law, for the support of Institutions for the Education of the 
Deaf and Dumb, and of the Blind; and also for the treatment of the 
Insane. 

Sec. 2. The General Assembly shall provide Houses of Refuge for 
the correction and reformation of juvenile offenders. 

Sec. 3. The County Boards shall have power to provide farms, as 
an asylum for those persons, who, by reason of age, infirmity, or other 
misfortune, have claims upon the sympathies and aid of society. 

ARTICLE X. 

FINANCE. 

Section 1. The General Assembly shall provide, by law, for a 
uniform and equal rate of assessment and taxation; and shall pre¬ 
scribe such regulations as shall secure a just valuation for taxation of 
all property, both real and personal, excepting such only for municipal, 
educational, literary, scientific, religious or charitable purposes, as 
may be specially exempted by law. 

Sec. 2. All the revenues derived from the sale of any of the 
public works belonging to the State, and from the net annual income 


126 


CONSTITUTION OF INDIANA, 


thereof, anil any 1 surplus that may, at any time, remain In the Treasu¬ 
ry, derived from taxation for general State purposes, after the payment 
of the ordinary expenses of the government, and of the interest on 
bonds of the State, other than bank bonds, shall be annually applied, 
under the direction of the General Assembly, to the paymeut of the 
principal of the Public Debt. 

Sec. 8 . No money shall be drawn from the-Treasury, but in pur¬ 
suance of appropriations made by law. 

Sec. 4. An accurate statement of the receipts and expenditures of 
the public money, shall be published with the laws of each regular 
session of the General Assembly. 

Sec. 5. No law shall authorize any debt to be contracted, on behalf 
of the State, except in the following cases: to meet casual deficits in 
the revenue; to pay the interest on the State debt; to repel invasion, 
suppress insurrection, or, if hostilities be threatened, provide for the 
public defense. 

Sec. G. No county shall subscribe for stock in any incorporated 
company, unless the same be paid for at the time of such subscription ; 
nor shall any county loan its credit to any incorporated company, nor 
borrow money for the purpose of taking stock in any such company; 
nor shall the General Assembly ever, on behalf of the State, assume 
the debts of any county, city, town or township, nor of any corpora¬ 
tion whatever. 

ARTICLE XI. 

CORPORATIONS. 

Section 1. The General Assembly shall not have power to estab¬ 
lish, or incorporate, any bank or banking company, or moneyed insti¬ 
tution, for the purpose of issuing bills of credit, or bills payable to 
order or bearer, except under the conditions prescribed in this Consti¬ 
tution. 

Sec. 2. No banks shall be established otherwise than under a 
general banking law, except as provided in the fourth section of this 
article. 

Sec. 3. If the General Assembly shall enact a general banking 
law, such law shall provide for the registry and countersigning, by 
an officer of State, of all paper credit designed to be circulated as 
money; and ample collateral security, readily convertible into specie, 
for the redemption of the same in gold or silver, shall be required; 
which collateral security shall be under the control of the proper 
officer or officers of State. 

Sec. 4. The General Assembly may also chatter a bank with 
branches, without collateral security, as required in the preceding 
section. 


v 


CONSTITUTION OF INDIANA. 


127 


Sec. 5. If tlie General Assembly shall establish a bank with 
branches, the branches shall be mutually responsible for each other's 
liabilities, upon all paper credit issued as money. 

Sec. G. The stockholders in every bank, or banking company, 
shall be individually responsible, to an amount over and above their 
stock, equal to their respective shares of stock, for all debts or lia¬ 
bilities of said bank or banking company. 

Sec. 7. All bills or notes issued as money, shall be, at all times, 
redeemable in gold or silver; and no law shall be passed, sanctioning, 
directly, or indirectly, the suspension, by any bank or banking 
company, of specie payments. 

Sec. 8. Holders of bank notes shall be entitled, in case of insolv¬ 
ency, to preference of payment over all other creditors. 

Sec. 9. No bank shall receive, directly or indirectly, a greater rate 
of interest than shall be allow’ed, by law, to individuals loaning 
money. 

Sec. 10. Every bank, or banking company, shall be required to 
cease all banking operations within twenty years from the time of its 
organization, and promptly thereafter to close its business. 

Sec. 11. The General Assembly is not prohibited from investing 
the Trust Funds in a bank with branches; but in each case of such 
investment, the safety of the same shall be guaranteed by unques¬ 
tionable security. 

Sec. 12. The State shall not be a stockholder in any bank, after 
the expiration of the present bank charter; nor shall the credit of the 
State ever be given, or loaned, in aid of any person, association or 
corporation; nor shall the State hereafter become a stockholder in 
any corporation or association. 

Sec. 13. Corporations, other than banking, shall not be created 
by special act, but may be formed under general laws. 

Sec. 14. Dues from corporations, other than banking, shall be 
secured by such individual liability of the corporators, or other 
means, as may be prescribed by law. 

ARTICLE XI. 

MILITIA. 

Section 1. The militia shall consist of all able-bodied white male 
persons between the ages of eighteen and forty-five years, except such 
as may be exempted by the laws of the United States, or of this State 5 
and shall be organized, officered, armed, equipped, and trained in 
such manner as may be provided by law. 

Sec. 2. The Governor shall appoint the- Adjutant, Quartermaster 
and Commissary Generals. 


128 


CONSTITUTION OF INDIANA. 


Sec. 3. All militia officers shall be commissioned by the Governor, 
and shall hold their offices not longer than six years. 

Sec. 4. The General Assembly shall determine the method of 
dividing the militia into divisions, brigades, regiments, battalions and 
companies, and fix the rank of ail staff officers. 

Sec. 5. The militia may be divided into classes of sedentary and 
active militia, in such manner as shall be prescribed by law. 

Sec. 6. No person conscientiously opposed to bearing arms, shall 
be compelled to do militia duty; but such person shall pay an equiv¬ 
alent for exemption; the amount to be prescribed by law. 

ARTICLE XIII. 

NEGROES AND ITCLATTOES. 

Section 1. Xo Xegro or Mulatto shall come into, or settle in the 
State after the adoption of this Constitution. 

Sec. 2. All contracts made with any Xegro or Mulatto coming 
into the State, contrary to the provisions of the foregoing section, 
shall be void: and any person, who shall employ such Xegro or 
Mulatto, or otherwise encourage him to remain in the State, shall be 
fined in any sum not less than ten dollars, nor more than five 
hundred dollars. 

Sec. 3. All fines which may be collected for a violation of the pro¬ 
visions of this article, or of any law which may hereafter be passed 
for the purpose of carrying the same into execution, shall be set apart 
and appropriated for the colonization of -such Xegroes and Mulattoes, 
and their descendants, as may be in the State at the adoption of this 
Constitution, and may be willing to emigrate. 

Sec. 4. The General Assembly shall pass laws to carry out the 
provisions of this article. 

ARTICLE XIV. 

BOUNDARIES. 

Section 1. In order that the boundaries of the State may be 
known and established, it is hereby ordained and declared, that the 
Srate of Indiana is bounded, on the east, by the meridian line, 
which forms the western boundary of the State of Ohio; on the south 
by the Ohio river, from the mouth of the Great Miami River to the 
mouth of the Wabash River: on the west, by a line drawn alon^ the 
middle of the Wabash River, from its mouth to a point where a due 
north line, drawn from the town of Vincennes, would last touch the 
north-western shore of said Wabash River; and, thence, by a due 
north line, until the same shall intersect on the east and west line, 
drawn through a point ten miles north of the southern extreme of 



CONSTITUTION OF INDIANA. 


159 


Lake Michigan; on the north, by said east and west line, until the 
same shall intersect the first mentioned meridian line, which forms 
the western l>oundary of the State of Ohio. 

Sec. 2. The State of Indiana shall possess jurisdiction, and sov¬ 
ereignty co-evten^ive with the boundaries declared in the preceding 
section; and shall have concurrent jurisdiction, in civil and criminal 
cases, with the State of Kentucky on the Ohio River, and with the 
Slate of Illinois on the Wabash River, so far as said rivers form the 
common boundary between the Stale and States respectively. 

ARTICLE XV. 

MISCELLANEOUS. 

Section 1. All officers whose appointments are not otherwise 
provided for in this Constitution, shall be chosen in such manner as 
now is, or hereafter may be, prescribed by law. 

Sec. 2. When the duration of any. office is not provided for by this 
Constitution, it may be declared by law; and, if not so declared, such 
office shall be held during the pleasure of the authority making the 
appointment. But the General Assembly shall not create any office, 
the term of which shall be longer than four years. 

Sec. 3. Whenever it is provided in this Constitution, or in any 
law which may be hereafter passed, that any officer, other than a 
member of the General Assembly, shall hold his office for any given 
term, the same shall be construed to mean, that such officer shall hold 
his office for such term, and until his successor shall have been elected 
and qualified. 

Sec. -4. Every person elected or appointed to any office under this 
Constitution, shall, before entering on the duties thereof, take an oath 
or affirmation, to support the Constitution of this State, and of the 
United States, and also an oath of office. 

Sec. o. There shall be a seal of State, kept by the Governor for 
official purposes, which shall be cailed the Seal of the State of 
Indiana. 

Sec. 6. All commissions shall issue in the name of the State, shall 
be signed by the Governor, sealed with the State Seal, and attested by 
the Secretary of State. 

Sec. 7. Xo county shall be reduced to an area less than four 
hundred square miles; nor shall any county, under that area, be fur¬ 
ther reduced. 

Sec. 8 . Xo lottery shall be authorized; nor shall the sale of lot¬ 
tery tickets be allowed. 

Sec. 9. The following grounds, owned by the State in Indianapolis, 
namely: the State House Square, the Governor s Circle, and so much 

9 


# 


130 


CONSTITUTION OF INDIANA. 


of out-lot numbered one hundred and forty-seven, as lies north of the 
arm of the Central Canal, shall not be sold or leased. 

Sec. 10. It shall be the duty of the General Assembly to provide 
for the enclosure and preservation of the Tippecanoe Battle Ground. 

ARTICLE XVI. 

AMENDMENTS. 

Section 1. Any amendment or amendments to this Constitution, 
may be proposed in either branch of the General Assembly; and if 
the same shall be agreed to by a majority of the members elected to 
each of the two Houses, such proposed amendment or amendments 
shall, with the yeas and nays thereon, be entered on their journals, 
and referred to the next General Assembly to be chosen at the next 
general election; and if, in the General Assembly so next chosen, such 
proposed amendment or amendments shall be agreed to by a majority 
of all the members elected to each House, then it shall be the duty of 
the General Assembly to submit such amendment or amendments to 
the electors of the State; and if a majority of said electors shall 
ratify the same, such amendment or amendments shall become a part 
of this Constitution. 

Sec. 2. If two or more amendments shall be submitted at the same 
time, they shall be submitted in such manner that the electors shall 
vote for or against each of such amendments separately; and while 
an amendment or amendments, which shall have been agreed upon by 
one General Assembly, shall be awaiting the action of a succeeding 
General Assembly, or of the electors, no additional amendment or 
amendments shall be proposed. 

SCHEDULE. 

This Constitution, if adopted, shall take effect on the first day of 
November, in the year one thousand eight hundred and fifty-one, and 
shall supercede the Constitution adopted in the year one thousand 
eight hundred and sixteen. That no inconvenience may arise from 
the change in the government, it is hereby ordained as follows: 

First. All laws now in force, and not inconsistent with this Consti¬ 
tution, shall remain in force until they shall expire or be repealed. 

Second. All indictments, prosecutions, suits, pleas, plaints, and 
other proceedings, pending in any of the Courts, shall be prosecuted 
to final judgment and execution; and all appeals, writs of error, cer¬ 
tiorari, and injunctions, shall be carried on in the several Courts, in 
the same-manner as is now provided by law. 


CONSTITUTION OF INDIANA. 


131 


Third. All fines, penalties, and forfeitures, due or accruing to the 
State, or to any county therein, shall enure to the State, or to such 
county, in the manner prescribed by law. All bonds executed to the 
State, or to any officer, in his official capacity, shall remain in force, 
and enure to the use of those concerned. 

Fourth. All acts of incorporation for municipal purposes shall 
continue in force under this Constitution, until such time as the 
General Assembly shall, in its discretion, modify or repeal the same. 

Fifth. The Governor, at the expiration of the present official term, 
shall continue to act until his successor shall have been sworn into 
officfe. 

Sixth. There shall be a session of the General Assembly, commenc¬ 
ing on the first Monday of December, in the year one thousand eight 
hundred and fifty-one. 

Seventh. Senators now in office and holding over, under the existing 
Constitution, and such as may be elected at the next general election? 
and the’ Representatives then elected, shall continue in office until the 
first general election under this Constitution. 

Eighth. The first general election under this Constitution shall be 
held in the year one thousand eight hundred and fifty-two. 

Ninth. The first election for Governor, Lieutenant Governor, 
Judges of the Supreme Court and Circuit Courts, Clerk of the Su¬ 
preme Court, Prosecuting Attorney, Secretary, Auditor, and Treasurer 
of State, and State Superintendent of Public Instruction, under this 
Constitution, shall be held at the general election in the year one 
thousand eight hundred and fifty-two; and such of said officers as 
may be in office, when this Constitution shall go into effect, shall con¬ 
tinue in their respective offices until their successors shall have been 
elected and qualified. 

Tenth. Every person elected by popular vote, and now in any 
office which is continued by this Constitution, and every person who 
shall be so elected to any such office before the taking effect of this 
Constitution, (except as in this Constitution otherwise provided,) shall 
continue in office until the term for which such person has been, or 
may be, elected, shall expire: Provided, that no such person shall con¬ 
tinue in office after the taking effect of this Constitution, for a longer 
period than the term of such office in this Constitution prescribed. 

Eleventh. On the taking effect of this Constitution, all officers 
thereby continued in office, shall, before proceeding in the further 
discharge of their duties, take an oath, or affirmation, to support this 
Constitution. 


132 


CONSTITUTION OF INDIANA. 


Twelfth. All vacancies that may occur in existing offices, prior to 
the first general election under this Constitution, sliall he filled in the 
manner now prescribed by law. 

Thirteenth. At the time of submitting this Constitution to the 
electors for their approval or disapproval, the article numbered thir¬ 
teen, in relation to Negroes and Mulattoes, shall be submitted as a 
distinct proposition, in the following iorm: “Exclusion and Coloniza¬ 
tion of Negroes and Mulattoes,” “Aye,” or “No” And if a majority 
of the votes cast shall be in favor of said article, then the same shall 
form a part of this Constitution; otherwise it shall be void and form 
no part thereof, « 

Fourteenth. No Article or Section of this Constitution shall be-sub¬ 
mitted, as a distinct proposition, to a vote of the electors, otherwise 
than as herein provided. 

Fifteenth. Whenever a portion of the citizens of the counties of 
Perry and Spencer shall deem it expedient to form, of the contiguous 
territory of said counties, a new county, it shall be the duty of those 
interested in the organization of such new county, to lay off the same 
by proper metes and bounds, of equal portions as nearly as practicable, 
not to exceed one-third of the territory of each of said counties. 
The proposal to create such new county shall be submitted to the 
voters of said counties, at a general election, in such manner as shall 
be prescribed by law. And if a majority of all the votes given at said 
election shall be in favor of the organization of said new county, it 
shall be the duty of the General Assembly to organize the same out 
of the territory thus designated. 

Sixteenth. The General Assembly may alter or amend the charter 
of Clarksville, and make such regulations as may be necessary for 
carrying into effect the objects contemplated in granting the same; 
and the funds belonging to said town shall be applied according to the 
intention of the grantor. 

Done in Convention, at Indianapolis, the tenth day of February, in 
the year of our Lord one thousand eight hundred and fifty-one; and 
of the Independence of the United States, the seventy-fifth, 
j GEORGE WHITFIELD CARR, 

President y and delegate from the county of Lawrence* 
Attest: Wm. H. English, 

Principal Secretary. 

Geo. L. Sites, \ 

Heeman G. Baekwell, |- Assistant Secretaries. 

Robeet M. Evans, * 






























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